1. Applicant's Name: a. Application Date: 11 July 2018 b. Date Received: 30 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to narrative reason for discharge from condition, not a disability. The applicant seeks relief contending, in effect, that the discharge is the result of post-traumatic stress disorder (PTSD). The applicant contends that after filing a claim, the VA states that the applicant has PTSD and it is considered a disability. The applicant has a rating of 90 percent and is rated as totally and permanently disabled and service connected. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder with Depressed Mood, Major Depressive Disorder, PTSD, MST, and Alcohol Use Disorder. The applicant is 70% service-connected for PTSD due to MST from the VA. In summary, the applicant's BH diagnoses in-service render's the current discharge improper. In a records review conducted at Arlington, VA on 28 June 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on the applicant's quality of service, homelessness, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and MST). Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5- 3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. The Board determined the RE code was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / Honorable b. Date of Discharge: 9 February 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 January 2016 (2) Basis for Separation: The applicant was informed of the following reason: for being diagnosed with depressive disorder not otherwise specified and alcohol use disorder on 16 November 2015. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 20 January 2016, the applicant waived her right to legal counsel (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 January 2016 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 November 2014 / 3 years, 29 weeks b. Age at Enlistment / Education / GT Score: 22 / 13 years / 99 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91F10, Small Arms / Artillery Specialist / 1 year, 2 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Counseling statements reference discharge under the provisions of AR 635-200, Chapter 5-17. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 16 November 2015, showing the applicant was diagnosed with an Axis I for depressive disorder not otherwise specified, alcohol use disorder. The applicant was screened for PTSD and scored a 71 (Positive) and negative for TBI. After a clinical assessment of the applicant to include a review of her medical records it was noted that the applicant did not meet the criteria for PTSD or mTBI. She denied having been sexually assaulted. It was noted that retention of the applicant placed her at high risk to continue to engage in behaviors for which psychiatric hospitalization or UCMJ action may become necessary. Although she denied being a danger to herself or others at that time, her conditions was likely to worsen if she remained in the Army. She represented a command liability and impaired overall unit readiness and functioning. Also it was noted that intensive treatment and unit rehabilitation efforts may result in transient improvement in her mood and behavior; however, it was likely that such improvements would be short-lived and were not likely to improve her retention potential. Her outpatient BH therapist concur with the applicant being separated from the Army. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293 and a letter from the Department of Veterans Affairs showing the applicant is receiving 90 percent service connected disability. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-17, condition, not a disability. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests a change to her narrative reason for discharge from condition, not a disability. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The applicant seeks relief contending that her discharge is the result of post-traumatic stress disorder (PTSD). She contends that after filing a claim the VA states that she has PTSD and it is considered a disability. She has a rating of 90 percent and is rated as totally and permanently disabled and service connected. The applicant's contentions were noted; however, the evidence of records shows the applicant was discharged under the provisions of AR 635-200, Chapter 5, paragraph 17, by reason of Condition, Not a Disability, with a characterization of service of honorable. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability," and the separation code is "JFV." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Also it should be noted; the applicant's service record shows the applicant was screened for PTSD and scored a 71 (Positive) and negative for TBI. However, after a clinical assessment of the applicant to include a review of her medical records it was noted that the applicant did not meet the criteria for PTSD or mTBI. She denied having been sexually assaulted. It was noted that retention of the applicant placed her at high risk to continue to engage in behaviors for which psychiatric hospitalization or UCMJ action may become necessary. Although she denied being a danger to herself or others at that time, her conditions was likely to worsen if she remained in the Army. She represented a command liability and impaired overall unit readiness and functioning. Also it was noted that intensive treatment and unit rehabilitation efforts may result in transient improvement in her mood and behavior; however, it was likely that such improvements would be short-lived and were not likely to improve her retention potential. Her outpatient BH therapist concur with the applicant being separated from the Army. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 June 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on the applicant's quality of service, homelessness, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and MST). Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. The Board determined the RE code was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180011519 4