1. Applicant's Name: a. Application Date: 17 January 2019 b. Date Received: 28 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, since discharge, the applicant has been awarded a service-connected disability. The applicant was awarded Chapter 33, Post 9/11 GI Bill benefits, but now is under review for disqualification of benefits because of the characterization of service. The applicant also has trouble with other benefits because of the characterization. In a records review conducted at Arlington, VA on 13 May 2020, 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 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 14 May 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 May 2007 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 5-13, Personality Disorder, the applicant was informed of the following reasons: She was evaluated by Behavior Medicine on 29 March 2007. The applicant was given a diagnosis of a Bi-polar and Anxiety disorder and Personality disorder, NOS. The applicant was currently on mood stabilizer medications which made her non-deployable. This condition is not compatible with satisfactory service. Further attempts to train were not justified. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 7 May 2007, the applicant waived her rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 10 May 2007, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 5-13, Personality Disorder. / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 January 2007 / 4 years b. Age at Enlistment / Education / GT Score: 24 / GED / 112 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 3 months, 15 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: See subsequent paragraph 4j. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 29 March 2007, reflects the applicant was evaluated pursuant to AR 635-200, paragraph 5-13, for a disorder currently manifesting disturbances of thought patterns, emotional control, and behavior sufficiently severe that the Soldier's ability to perform military duties was severely impaired. She was on mood stabilizers, which rate her as non-deployable. Command was advised that this will interfere with fitness for, duty, to include training and combat. This condition existed prior to service, not amenable to rehabilitation and does not amount to a disability. Command should anticipate increased problem with mood, confusion, paranoia, anxiety and isolation in response to perceived stressful situations. Individuals with this personality disorder often are paranoid, constantly anxious, depressed, or manic, and cannot make decisions effectively. They are constantly depressive and worried, have difficulties in groups and around strangers, and will isolate themselves when depressed. They are considered a constant risk concern to themselves throughout most of their lives, and would definitely be a risk concern for others while performing military duties. Recommendations: Discharge from service as expeditiously as possible. Training with weapons was not recommended. Diagnosis: AXIS I: Bipolar and Anxiety Disorders; AXIS II: Personality Disorder, NOS. The service member did not meet the criteria for separation through medical channels IAW AR 40-501. The service member was psychiatrically cleared for whatever administrative action is deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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, general (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. 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 an upgrade of her uncharacterized discharge to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant, while in training status, was evaluated by competent medical authority and determined the applicant had a b AXIS I: Bipolar and Anxiety Disorders; AXIS II: Personality Disorder, NOS. Command was advised that this would interfere with fitness for, duty, to include training and combat. The applicant contends that an upgrade of her discharge would allow educational benefits through the use of the GI Bill and other veteran's benefits. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 13 May 2020, 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 AR20190001879 1