1. Applicant's Name: a. Application Date: 26 October 2018 b. Date Received: 29 October 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant through counsel seeks relief contending, in effect, the narrative reason and separation authority are improper because the applicant does not have a personality disorder. The narrative reason and separation authority are inequitable because the Army has changed its regulations in such a way that the applicant would likely not have received the same narrative reason and separation authority if discharged today. The narrative and separation authority were improper and inequitable because the PTSD was not taken into account in determining the narrative reason and separation authority. The applicant was diagnosed by the VA and subsequently rated as 100 percent disabled due to service connected PTSD. 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 due to the period of service, the applicant's active duty records are not available for review. The applicant is 100% service- connected for PTSD from the VA. In summary, the applicant's discharge was inappropriate. In a records review conducted at Arlington, VA on 2 October 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant's length or service, to include combat service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-17, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. 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: Personality Disorder / AR 635-200 / Chapter 5, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 28 October 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 September 2003 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he had a personality disorder that interferes with assignment or performance of duty and his ability to function in the in the military environment was significantly impaired. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 8 September 2003, applicant consulted with legal counsel, election of rights indicates he waived legal counsel. (5) Administrative Separation Board: Applicant was not entitled to an administrative separation board, he was notified he was receiving an honorable characterization of service. (6) Separation Decision Date / Characterization: 6 October 2003 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 January 2002 / 4 years b. Age at Enlistment / Education / GT Score: 23 years / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 14S10, Avenger Crewmember / 4 years, 1 month, 7 days d. Prior Service / Characterizations: RA, 22 September 1999 to 14 January 2002 / HD e. Overseas Service / Combat Service: Germany f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two negative counseling statements regarding separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 29 July 2003, relates that the applicant was diagnosis of a personality disorder, not otherwise specified, panic disorder, with agoraphobia. It was unlikely that efforts to rehabilitate or develop the applicant into a satisfactory member of the military will be successful. He psychiatrically cleared for any administrative action deemed appropriate by command. VA Rating decision, dated 3 October 2007, revealed the applicant had an evaluation of PTSD and panic disorder without agoraphobia, which was 30 percent disabling, was increased to 100 percent effective 21 June 2007. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's letter; brief for applicant; petition; table of contents (two pages); table of authorities (two pages); list of exhibits; attorney's brief (22 pages); Exhibit A, self-authored statement (two pages); Exhibit B, Support statement (two pages); Exhibit C, VA Rating Decision (four pages); Exhibit D, DD Form 214; Exhibit E, Developmental Counseling form (two pages); Exhibit F, Imaging - general radiology order (four pages); Exhibit G, Unit commander's request for mental health evaluation (two pages); Exhibit H, Behavioral Healthcare at Landstuhl Regional Medical Center (16 pages); Exhibit I, Reenlistment documents (four pages); Exhibit J, DD Form 214 and initial enlistment document (11 pages); Exhibit K, Notice of Separation (two pages); Exhibit L, ADRB previous cases (four cases); and Exhibit M, Casting Troops Aside: The United States Military 's Illegal Personality Disorder Discharge Problem (17 pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 in effect at the time, provided that a Soldier may be separated for a personality disorder, not amounting to disability, when the condition interfered with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform military duties. The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action and requires that the disorder is so severe that the Soldier's ability to function in the military environment is significantly impaired. Army policy requires the award of a fully honorable discharge in such case. A characterization of service under honorable conditions may be awarded to a Soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof. 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 "JFX" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-13, for a personality disorder. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFX" 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 record of evidence confirms that the applicant was diagnosed by a qualified physician trained in psychiatry as having a personality disorder, not otherwise specified, panic disorder, with agoraphobia. 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 "JFX" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-13, personality disorder. The regulation further stipulates no deviation is authorized. The applicant through counsel seeks relief contending, the narrative reason and separation authority are improper because he does not have a personality disorder. 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 he was improperly diagnosed. The applicant further contends, the narrative reason and separation authority are inequitable because the Army has changed its regulations in such a way that he would likely not have received the same narrative reason and separation authority if he was discharged today. 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 in effect at the time of discharge. The applicant also contends the narrative and separation authority were improper and inequitable because his PTSD was not taken into account in determining the narrative reason and separation authority. At the time of the applicant's discharge there were no polices or guidelines that required mental health issues including PTSD to be considered when Soldiers were discharge from the Army. The applicant additionally contends, he was diagnosed by the VA and subsequently rated as 100 percent disabled due to his service connected PTSD. The applicant submitted a VA rating decision that revealed he had an evaluation for PTSD and panic disorder without agoraphobia, which was 30 percent disabling, that was increased to 100 percent effective 21 June 2007. The narrative reason for 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 2 October 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant's length or service, to include combat service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635- 200, paragraph 5-17, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. 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: Condition, Not a Disability d. Change Authority to: AR 635-200, paragraph 5-17 e. Change SPD / RE Code to: JFV / 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 AR20180016354 5