1. Applicant's Name: a. Application Date: 12 March 2019 b. Date Received: 14 March 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is honorable. The applicant through legal counsel requests a change to his narrative reason for separation to "Secretarial Authority" and a change to his reentry eligibility (RE) code from RE-3 to RE-1. The applicant seeks relief contending, in effect, that the diagnosis used to separation him was incorrect and his discharge was an impropriety. The applicant contends he was not suffering from any form of personality disorder at the time of his involuntary administrative separation from the Army. The diagnosis which led to his separation was based on insufficient medical examinations and evidence, including by an Army Psychiatrist who was later removed from his duties for allegedly intentionally misdiagnosing Soldiers mental state. A series of diagnoses both before and after his discharge, including a detailed recent examination, have found that he never suffered from a personality disorder. Rather, prior to his discharge, he endured short-term depression arising from a family crisis that led to a rough patch in an otherwise excellent career. In discharging him by reason of personality disorder, the Army did not follow its own procedure that would have allowed him to address the problems underlying his performance issues. Under the Army's current regulation, he would have been afforded protections that would have prevented his misdiagnosis and discharge. Moreover, the ADRB has removed a personality disorder characterization from service members' DD Form 214 in similar circumstance to his. Because of the social stigma associated with being labeled as having a personality disorder and its effect on his employment opportunities, he respectfully requests that his record be corrected to remove this unfounded characterization and amend his reentry status. The applicant believes having personality disorder listed on his DD form 214 has placed a false and unfair stigma on him. The stigma has prevented him from securing at one job after being involuntarily separated from the Army. In 2012, he applied to be an officer at the US Marshal's Office in Dallas, Georgia. A representative from that office told him that his application was denied because his DD Form 214 provides that he was discharged for having a personality disorder. He has also been asked by other perspective employers to explain the personality disorder narrative when he applied for other jobs. Though he has been hired by several companies since being discharged, he fears that the stigma associated with the personality disorder narrative listed on his DD Form 214 had and will continue to disqualify him from opportunities for which he is fully qualified. In a telephonic personal appearance hearing conducted on 15 November 2021, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on the applicant's length and quality of service, to include combat service, prior period of honorable service, post-service accomplishments and the circumstances surrounding the discharge (OBHI diagnosis). Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 5-14, and the narrative reason for separation to Condition, Not A Disability, with a corresponding separation code to KFV. The Board determined the RE code was proper and equitable and voted not to change it. Please see Section 10 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Personality Disorder / AR 635-200, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 1 April 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 August 2003 (2) Basis for Separation: The applicant was informed of the following reasons: for while participating in Operation Iraqi Freedom, after a combat patrol, the applicant failed to turn in his patrol report on 24 April 2003; On 23 April 2003, the applicant was late to begin a security patrol; and On 22 April 2003, the applicant failed to turn in his patrol debriefing, failed to take his malaria pills, and lost the dispatch bag to his vehicle and instead of looking for it, he went to supply and acquired new locks. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 8 September 2003, the applicant waived consideration of his case by an administrative separation board provided his service was characterized no less favorably than honorable. On 8 September 2003, a second memorandum dated 8 September 2003, indicates the applicant requested consideration of his case by an administrative separation if his service was characterized no less favorably than honorable. On 3 October 2003, the intermediate commander recommended the applicant be separated from the Army prior to the expiration of his term of service, under the provisions of AR 635-200, Chapter 5, Section III, Paragraph 5-13, because of personality disorder with a characterization of service of honorable. (5) Administrative Separation Board: On 23 January 2004, the applicant along with legal counsel appeared before the administrative separation board. After numerous individuals were questioned by the recorder and by counsel, the board determined that the allegation in then notice of the proposed separation (unavailable for review) was supported by a preponderance of the evidence. The board recommended, in view of the findings, that the applicant not be retained in the service and that his service be characterized as honorable. (6) Separation Decision Date / Characterization: On 5 February 2004, after careful consideration of the board proceedings, the findings and recommendation of the board of officers were approved. The separation authority directed that the applicant be separated from the Army prior to the expiration of his term of service, under the provision of AR 635-200, Chapter 5, Section III, Paragraph 5-13, because of personality disorder; with a characterization of service of honorable. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 August 2002 / 3 years b. Age at Enlistment / Education / GT Score: 25 / NIF / 126 c. Highest Grade Achieved / MOS / Total Service: E-5 / 31B10, Military Police / 8 years, 19 days d. Prior Service / Characterizations: RA, 13 March 1996 to 20 May 1998 / HD RA, 21 May 1998 to 11 July 2001 / HD RA, 12 July 2001 to 27 August 2002 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (6 April 2003 to 3 May 2003) f. Awards and Decorations: JSAM, AAM-3, AGCM-2, NDSM, GWOTSM, GWOTEM, NOPDR, ASR, OSR g. Performance Ratings: January 2001 to August 2001, Fully Capable September 2001 to April 2002, Fully Capable May 2002 to August 2002, Fully Capable September 2002 to February 2003, Fully Capable March 2003 to February 2004, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The available records show that the applicant was seen at Community Health Mental Services on (CHMS) 12 May 2003, after he was referred for assessment upon returning from Iraq. He was medically evacuated from the combat theater after a suicide attempt by overdose. After two separate assessments, he was diagnosed as having an adjustment disorder with mixed disturbance of emotions and conduct and a personality disorder, not otherwise specified, with dependent and antisocial features. The attending psychiatrist identified his adjustment disorder as a maladaptive emotional reaction to an identifiable stress, in this case deployment and the separation from his wife. The psychiatrist identified his personality disorder as a long-standing, inflexible pattern of maladaptive behavioral and emotions that occur in response to routine stresses of daily life. The psychiatrist stated that based on the personality disorder, at the discretion of the command, the applicant could be separated from the Army under the provisions of Army Regulation 40-501, chapter 3-35, and that the adjustment disorder was a direct result of active military service and would likely resolve spontaneously upon separation. The psychiatrist opined that the applicant should be considered potentially dangerous to himself based on his recent statements and behaviors and that he should be considered for administrative separation from the military in accordance with Army Regulation 635-200, chapter 5-13, or any other administrative process deemed appropriate by the commander. The psychiatrist stated that the applicant did not have a severe mental disorder and was not considered in accordance with Army Regulation 40-501 to be mentally ill and that he did not meet the criteria for initiation of a medical evaluation board. He stated that the applicant had minor mental conditions that continue to impair his ability to effectively perform his assigned military duties. The applicant was instructed to return to the emergency room or CMHS for any psychiatric emergencies. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; legal brief; and exhibits 1-39 which includes a self-authored statement; his prior review with the Army Board for the Correction of Military Records decision AR20050001005 and two decisions from the Army Discharge Review Board (AR20040005464 and AR20040005732) 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that in 2012 he graduated from California Coast University with a Bachelor of Science in Criminal Justice; and at the time of his application he was pursuing a Master's degree in Criminal Justice from the same university and was expected to graduate in early 2020. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides 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), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides 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, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification 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. (2) 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. c. Army Regulation 15-180 (Army Discharge Review Board), dated 25 September 2019, sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Chapter 5 provides for the basic separation of enlisted personnel for the convenience of the government. Paragraph 5-3 provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis. (4) 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. (5) Paragraph 5-13h, stipulates a characterization of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under chapter 3, section II. 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. (6) Paragraph 5-14 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. e. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-1 Applies to: Person completing his or her term of active service who is considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all other criteria are met. RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. f. 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 5-13, personality disorder. 8. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant through legal counsel requests a change to his narrative reason for separation to "Secretarial Authority" and a change to his reentry eligibility (RE) code from RE-3 to RE-1. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. Evidence in the AMHRR confirms the applicant was diagnosed by competent medical authority with a personality disorder: Personality Disorder, Not Otherwise Specified. The applicant seeks relief contending that the diagnosis used to separation him was incorrect and his discharge was an impropriety. The applicant contends he was not suffering from any form of personality disorder at the time of his involuntary administrative separation from the Army. The diagnosis which led to his separation was based on insufficient medical examinations and evidence, including by an Army Psychiatrist who was later removed from his duties for allegedly intentionally misdiagnosing Soldiers mental state. A series of diagnoses both before and after his discharge, including a detailed recent examination, have found that he never suffered from a personality disorder. Rather, prior to his discharge, he endured short- term depression arising from a family crisis that led to a rough patch in an otherwise excellent career. In discharging him by reason of personality disorder, the Army did not follow its own procedure that would have allowed him to address the problems underlying his performance issues. Under the Army's current regulation, he would have been afforded protections that would have prevented his misdiagnosis and discharge. Moreover, the ADRB has removed a personality disorder characterization from service members' DD Form 214 in similar circumstance to his. Because of the social stigma associated with being labeled as having a personality disorder and its effect on his employment opportunities, he respectfully requests that his record be corrected to remove this unfounded characterization and amend his reentry status. The applicant believes having personality disorder listed on his DD form 214 has placed a false and unfair stigma on him. The stigma has prevented him from securing at one job after being involuntarily separated from the Army. In 2012, he applied to be an officer at the US Marshal's Office in Dallas, Georgia. A representative from that office told him that his application was denied because his DD Form 214 provides that he was discharged for having a personality disorder. He has also been asked by other perspective employers to explain the personality disorder narrative when he applied for other jobs. Though he has been hired by several companies since being discharged, he fears that the stigma associated with the personality disorder narrative listed on his DD Form 214 had and will continue to disqualify him from opportunities for which he is fully qualified. The applicant was separated under the provisions of Chapter 5, paragraph 5-13, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder," and the separation code is "JFX." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. At the time of his Mental Status Evaluation, the attending psychiatrist determined that his personality disorder may render him administratively unfit rather than unfit because of physical disability in accordance with Army Regulation 40-501. Therefore, discharging him under the provision of Army Regulation 635-200, chapter 5-13, based on personality disorder appears to have been proper at the time of discharge. However, it should be noted; in accordance with AR 635-200, paragraph 5-14, Condition, Not a Disability; Commanders may approve separation under this paragraph on the basic of other physical or mental condition not amounting to disability (AR 635-40) and excluding conditions appropriated for separation processing under paragraph 5-11 or 5-13 that potentially interfere with assignment to or performance of duty. Such conditions may include, but are not limited to other disorder manifesting disturbances of perception, thinking, emotional control, or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. Soldiers with 24 months or more of active duty service may be separated under this paragraph based on a diagnosis of personality disorder. For Soldiers who have been deployed to an area designated as an imminent danger pay area, the diagnosis of personality disorder must be corroborated by the MTF Chief of Behavioral Health (or an equivalent official). The corroborated diagnosis will be forwarded for final review and confirmation by the Director, Prepotency of Behavioral Health, Office of the Surgeon General (DASG-HSZ). Medical review of the personality disorder diagnosis will consider whether PTSD, Traumatic Brain Injury (TBI), and or other comorbid mental illness may be significant contributing factors to the diagnosis. If PTSD, TBI, and/or other comorbid mental illness are significant contributing factors to a mental health diagnosis, the Soldier will not be processed for separation under this paragraph, but will be evaluated under the physical disability system in accordance with AR 635-40. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): Applicant and counsel provided oral arguments in support of the contentions they provided in their written submissions and in support of their documentary evidence. c. Counsel / Witness(es) / Observer(s): (counsel) 10. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records. The applicant's diagnosis and discharge under a Personality Disorder was more likely than not appropriate. However, the applicant also had an Adjustment Disorder which can result in an administrative discharge as well. Overall, irrespective of the diagnosis, a behavioral health driven administrative separation was appropriate. Per recent AR 635-200 updates, the applicant's discharge should be changed to a 5-14, Condition not a Disability. (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed with Adjustment Disorder in service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. Due to the Personality Disorder diagnosis not being appropriate, recent policy changes update the DD 214 to read Condition, Not A Disability. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the medical advisor's opinion. Per recent AR 635-200 updates, the applicant's discharge should be changed to a 5-14, Condition not a Disability. b. The applicant seeks relief contending that the diagnosis used to separation him was incorrect and his discharge was an impropriety. The Board determined that Personality Disorder narrative reason was improper; however, the Adjustment Disorder diagnosis reflects a Condition, Not A Disability. Secretarial Authority would not be appropriate in this case due to there being no medical mitigation for the various acts of misconduct and a behavioral health driven administrative separation was appropriate. c. The Board determined the narrative reason for the applicant's separation is improper based on the applicant's length and quality of service, to include combat service, prior period of honorable service, post-service accomplishments and the circumstances surrounding the discharge (OBHI diagnosis). d. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because the characterization is already Honorable. (2) The Board voted to change the reason for discharge to Condition, Not A Disability due to it being the correct reason for an Adjustment Disorder diagnosis. The SPD code associated with the new reason for discharge is KFV. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason / SPD Code to: Condition, Not A Disability/KFV d. Change RE Code to: No Change e. Change Authority to: AR 635-200, paragraph 5-14 Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190004023 8