1. Applicant's Name: a. Application Date: 5 November 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 from personality disorder to JFF / Secretarial Authority. The applicant seeks relief contending, in effect, was having trouble in the military with PTSD and Sexual trauma along with mental health issues. The applicant has worked hard to get life back on track and be a successful contributing member of society. 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, Personality Disorder, and Secondary Insomnia. The applicant is 60% service-connected from the VA. The VA has diagnosed the applicant with Antisocial Personality Disorder, Persistent Mood Disorder, and PTSD. In summary, the applicant's BH diagnoses are not supportive of the current discharge. In a records review conducted at Arlington, VA on 28 August 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on current standards. 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: 20 July 2006 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 16 June 2006 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; since his arrival, he has displayed signs and symptoms of a personality disorder by separating himself from his peers and not socializing with Soldiers within his platoon. On 12 May 2006, he was command directed to Behavioral Health for a mental status evaluation. He was diagnosed by T.L.B., Psy. D., Clinical Psychologist, with a Personality Disorder, Not Otherwise Specified (Cluster B Traits-Primary Diagnosis). According to the medical examiner, the applicant reported a long-term history of interpersonal problems, social and occupational difficulties, and poor coping skills. In the opinion of the examiner, the applicant's conditions are not amenable to hospitalization, rehabilitative transfer, training, or reclassification to another type of duty within the military. It was unlikely that any efforts to rehabilitate or develop him into a satisfactory member of the military would be successful. An expeditious discharge from the Army in accordance with AR 635-200, Chapter 5-13 would be in the best interest of both the applicant and the Army. The applicant has also refused psychological services focused on managing depression and increasing coping skills. The medical examiner also recommended that the applicant should not be issued any weapons or ammunition his remaining time it the military. On 15 May 2006, the applicant was counseled and given an opportunity to overcome his deficiencies. He was transferred to a different platoon and advised that separation proceedings may be initiated if his behavior continued. On 2 June 2006, he was counseled for failing to overcome his deficiencies by continuing to alienate himself from his new platoon. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 29 June 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 July 2005 / 5 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-2 / 31B10, Military Police / 11 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received two negative counseling statements dated, 15 May 2006 and 2 June 2006, for being notified of pending separation action. The applicant received a FG Article 15, dated 20 June 2006, for concealing stolen property. However, this Article 15 is not contained in the available record. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 May 2006, relates that the applicant had an Axis I diagnosis of an adjustment disorder Not Otherwise Specified (NOS) and Axis II, personality disorder, NOS (Cluster B Traits-Primary Diagnosis). The applicant did not have a severe mental disorder and was not considered mentally disordered. He was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in administrative proceedings. He reported significant difficulty adjusting to the military lifestyle and a long-term (pre-military) history of interpersonal problems. He had a history of social and occupational difficulties and poor coping skills. His motivation for continued service was low and his prognosis for future treatment in a military setting was poor. An expeditious discharge from the Army in accordance with AR 635-200, Chapter 5-13, would be in the best interest of both the individual and the Army. Child and Adult Psychiatry, LLC document, dated 9 November 2018, revealed the applicant had diagnoses of moderate major depression, PTSD, generalized anxiety disorder, alcohol use disorder, moderate and moderate manic bipolar I disorder; and prescribed medications for these conditions. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); support / two character statement (applicant's mother and father, four pages), clinical summary (five pages); applicant's statement; Child and Adult Psychiatry, LLC (five pages); VA, service-connected disability compensation letter (two pages); and a support statement. 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 changed from personality disorder to JFF / Secretarial Authority. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant was diagnosed by a qualified physician trained in psychiatry as having: an Axis I diagnosis of an adjustment disorder NOS and Axis II, personality disorder, NOS (Cluster B Traits-Primary Diagnosis). The applicant requests a change to the narrative reason for separation from personality disorder to JFF / Secretarial Authority. 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 seeks relief contending, he was having trouble in the military with PTSD and sexual trauma along with mental health issues. The service record contains no evidence of an in-service PTSD diagnosis and the applicant did not submit any evidence to support the contention of an in-service PTSD diagnosis. Although the applicant alleges that he was a victim of sexual trauma during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support his request for an upgrade of his discharge. The applicant further contends, he has worked hard to get his life back on track and be a successful contributing member of society. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 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 August 2019, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on current standards. 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 AR20180016729 1