1. Applicant's Name: a. Application Date: 5 October 2018 b. Date Received: 10 October 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, the narrative reason for separation is inaccurate. The discharge was not due to a condition, but a refusal to train in order to obtain an entry level separation per the applicant's parent's instructions. The applicant desires to reenlist. 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 Anxiety and Depressed Mood. The applicant does not have any VA records. In summary, the applicant's discharge was appropriate. In a records review conducted at Arlington, VA on 24 July 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, Not A Disability / AR 635- 200 / Chapter 5, Paragraph 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 30 September 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 9 September 2008 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was referred to the Community Mental Health Service for a mental evaluation and was diagnosed as having a mental condition that interferes with his ability to function in the military. The applicant was unable to rehab to return to duty due to a mental condition (Adjustment Disorder Mixed Anxiety and Depressed Mood). (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 9 September 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 September 2008 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 July 2008 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 years / GED Certificate / 98 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 20 August 2008, for receiving a lawful command from CPT. T.A.J., his superior commissioned officer, commissioned officer, to continue to train and follow the training schedule, or words to that effect, did willfully disobey the same by refusing to train (18 August 2008); forfeiture of $290 pay and for 14 days. The applicant received several negative counseling statements for various acts of misconduct, including refusing to train; and being counseled for an Axis I diagnosis: Adjustment Disorder Mixed Anxiety and Depressed Mood. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 4 September 2008, revealed the applicant had an Axis I diagnosis of an adjustment disorder, mixed anxiety and depressed mood. He was recommended for administrative separation in accordance with AR 635~200, Chapter 5-17. This disorder was so severe that his ability to function effectively in the military environment was significantly impaired. It was unlikely that the applicant would ever be able to resume being a productive member of the military. He remains a liability to command as long as he is in the Army. This diagnosis does not require disposition through medical channels, and the applicant was medically and psychologically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); DD Form 214; and a self- authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states during the past decade, he worked to master his talents as a neo-classical guitarist, pianist, and DJ with a sophisticated knowledge of music theory and expertise in sound engineering. He also gained valuable professional and progressive experience in the travel, hospitality, entertainment and technology industries. 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. 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, paragraph 5-17, for a 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 the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was discharged by reason of his inability to adjust to the military lifestyle. He was diagnosed as suffering from adjustment disorder with depressed mood (Axis I), that will preclude him from further military service. He had shown signs of emotional distress, which may cause problems to the unit. He had a history of this condition prior to his enlistment in the military. He is emotionally frail and prone to psychologically crumble under the stress and structure of the military environment and will certainly pose a liability to any unit he is assigned. He was psychiatrically cleared for separation in accordance with AR 635-200, paragraph 5-17c. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct that a Soldier's service will be uncharacterized when his separation is initiated while the Soldier is in entry level status (ELS). The applicant requests a change to the narrative reason for separation. 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, paragraph 5-17, condition, not a disability. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his narrative reason for separation is inaccurate. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his narrative reason for separation is inaccurate. The applicant further contends, his discharge was not due to a condition but a refusal to train in order to obtain an entry level separation per his parent's instructions. The record of evidence shows that the applicant was discharged by reason condition, not a disability. He was referred to Community Mental Health Service for a mental evaluation and was diagnosed as having a mental condition that interferes with his ability to function in the military. He was unable to rehab to return to duty due to a mental condition (Adjustment Disorder Mixed Anxiety and Depressed Mood). The applicant desires to reenlist. Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 24 July 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: 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 AR20180014624 1