1. Applicant's Name: a. Application Date: 30 October 2018 b. Date Received: 21 November 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, was diagnosed with PTSD features while in the service. The applicant was subsequently diagnosed with PTSD by the VA and assigned an evaluation of 50 percent disabling. The applicant should have received disability through the Medical Evaluation Board (MEB), but was denied and chaptered instead. The applicant should have been medically boarded and the narrative reason for separation to a disability. 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 Acute Reaction to Stress, Adjustment Disorder with depressed mood/with mixed emotional features, Anxiety Disorder NOS, Chronic PTSD, Depression, Personality Disorder, and Post-concussion Syndrome. The applicant is 90% service-connected; 50% for PTSD from the VA. In summary, the applicant's discharge was appropriate. In a records review conducted at Arlington, VA on 27 September 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 / Honorable b. Date of Discharge: 6 November 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 11 August 2010 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was diagnosed with an adjustment disorder with mixed anxiety and depressed mood. Additionally, he was diagnosed with a personality disorder NOS (borderline, with antisocial features). (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 17 August 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 September 2010 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 December 2007 / 5 years b. Age at Enlistment / Education / GT Score: 26 years / GED Certificate / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91H10, Track Vehicle Repairer / 9 years, 4 months, 16 days d. Prior Service / Characterizations: RA, 21 June 2001 to 24 July 2003 / HD RA, 25 July 2003 to 13 December 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq x3, 4 April 2003 to 15 March 2004, 2 December 2005 to 4 November 2006 and 1 May 2008 to 15 February 2009 f. Awards and Decorations: ARCOM-4, AAM, AGCM-3, NDSM, ICM-CS-2, GWOTSM, ASR, OSR-2, VUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Health Care, dated 19 April 2010, revealed the applicant had an Axis I diagnosis, adjustment disorder with anxiety and depression, chronic, partner relationship problems, and anxiety disorder NOS and Axis II, personality disorder, NOS with traits of narcissism and borderline personality features, Memorandum, Physical Evaluation Board, IPR, dated 10 June 2010, shows the applicant had an Axis I diagnosis of adjustment disorder with mixed anxiety and depressed mood, and Axis II, personality disorder NOS (borderline, antisocial features). Salina Regional Health Center, Discharge Summary, dated 5 August 2016, indicates the applicant had an Axis I, diagnosis of depression, not otherwise specified (NOS), anxiety disorder, NOS with PTSD features, Axis II, narcissistic traits, Axis IV, occupational and relationship issues and Axis V, Global Functioning at discharge, 48 to 50. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); Salina Regional Health Center, Discharge Summary (three pages); Memorandum, Physical Evaluation Board, IPR; chronological record of medical care (six pages). 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. 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 applicant requests a change to the narrative reason for separation; and he believes he should have been medically boarded and his narrative reason for separation to a disability. 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, in effect, he was diagnosed with PTSD features while in the service. The applicant submitted a Salina Regional Health Center, Discharge Summary, dated 5 August 2016, indicated he had an Axis I, diagnosis of depression, not otherwise specified (NOS), anxiety disorder, NOS with PTSD features. The applicant further contends, he was subsequently diagnosed by the VA with PTSD and assigned an evaluation of 50 percent disabling. The applicant bears the burden of presenting 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 subsequently diagnosed by the VA with PTSD and assigned an evaluation of 50 percent disabling rating. The applicant also contends, he should have received disability through the MEB, he was denied and chaptered instead. 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 27 September 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 AR20180016646 1