1. Applicant's Name: a. Application Date: 23 April 2019 b. Date Received: 25 April 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is honorable. The applicant requests a reentry (RE) code change. The applicant seeks relief contending, in effect, he would like his RE code to be changed to a code that would not prevent him from returning to service. The applicant states he was discharged after being diagnosed with Autism-Spectrum Disorder (ASD); however, after being seen by a civilian psychologist, it was determined he dies not have that condition and the data in the military diagnosis does not support the condition. In a records review conducted on 28 July 2021, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. Please see Section 9 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: Condition, Not a Disability / AR 635- 200, PARA 5-13 OR 5-17 / JFV / RE-3 / Honorable b. Date of Discharge: 5 November 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 August 2018 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was diagnosed by a Behavioral Health Provider with ASD. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 4 September 2018 (5) Administrative Separation Board: Applicant conditionally waived an Administrative Separation Board contingent upon receiving a characterization of service no less favorable then honorable. (6) Separation Decision Date / Characterization: 2 October 2018 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 September 2017 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 24 / Bachelor's Degree / 110 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y2O, Unit Supply Specialist / 1 year, 2 months, 1 day d. Prior Service / Characterizations: RA,14 July 2009 17 July 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan, 11 May 2001 - 18 December 2011 / HD a. Awards and Decorations: AAM-2, AGCM, NDSM-2, GA, WOTSM, ACM-CS, NCOPDR, ASR, OSR, NATO Medal, Parachutist Badge b. Performance Ratings: 6 September 2017 - 5 September 2018 / Not Qualified c. Disciplinary Action(s) / Evidentiary Record: NIF d. Lost Time / Mode of Return: None e. Diagnosed PTSD / TBI / Behavioral Health: A Report of Mental Status Evaluation, dated 30 April 2018, reflects the applicant met the criteria for Chapter 5-17 separation. The applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant was diagnosed with ASD. The applicant met the criteria for ASD and qualified for an administrative separation under Chapter 5-17. A Report of Mental Status Evaluation, dated 27 June 2018, reflects the applicant met the criteria for Chapter 5-17 separation. The applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant was diagnosed with ASD and based on the diagnosis and pattern of dysfunction evidenced, the applicant was not suitable for retention in the military. It was recommended the applicant be administratively separated via a Chapter 5-17. The applicant provides a letter from a Clinical Psychologist, dated 28 March 2019, which states, in part, testing conducted did not support the applicant's discharge diagnosis. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, Letter from Clinical Psychologist, medical records 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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) 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. (4) 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. e. 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 5-17, 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." 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's AMHRR record of service, the issues and documents submitted with his application were carefully reviewed. The current characterization of service for the period under review is honorable. The applicant requests a reentry (RE) code change. The AMHRR record shows the applicant was evaluated by competent medical authority and determined the applicant had Autism Spectrum Disorder. It was recommended that the applicant be separated under the provisions of Army Regulation 635-200, Chapter 5-17. The applicant contends he was discharged after being diagnosed with Autism-Spectrum Disorder; however, after being seen by a civilian psychologist, it was determined he dies not have that condition and the data in the military diagnosis does not support the condition. A Report of Mental Status Evaluation, dated 27 June 2018, reflects the applicant met the criteria for Chapter 5-17 separation. The applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant was diagnosed with ASD and based on the diagnosis and pattern of dysfunction evidenced, the applicant was not suitable for retention in the military. It was recommended the applicant be administratively separated via a Chapter 5-17. The applicant states he would like his RE code to be changed to a code that would not prevent him from returning to service. Soldiers being processed for separation are assigned RE codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of "3." There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of "3" indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of RE codes if appropriate. 9. 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? N/A. Applicant holds an Honorable discharge; mitigation is not required. (2) Did the condition exist or experience occur during military service? N/A (3) Does the condition or experience actually excuse or mitigate the discharge? N/A (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contention: (1) The applicant contends he was discharged after being diagnosed with Autism- Spectrum Disorder; however, after being seen by a civilian psychologist, it was determined he does not have that condition and the data in the military diagnosis does not support the condition. The civilian psychologist's findings and recommendations notwithstanding, review of the applicant's military medical records indicates a long pattern of impaired interpersonal and occupational functioning beginning early in his career and increasing in severity as his career progressed and he was placed in positions of greater responsibility. Applicant's records indicate he has significantly impaired social interactions, difficulty interpreting other's intentions and difficulty establishing normal interpersonal boundaries, all impediments to successful military functioning. (2) The applicant states he would like his RE code changed to a code that would not prevent him from returning to service. His current RE-code of 3 enables future waiverable service. The Board determined it was proper and equitable. c. The Board denied the request upon finding the separation was both proper and equitable. The Board determined that the documentation contained in the AMHRR, as well as, evidence submitted by the applicant, and the available medical evidence did not support a finding that the applicant's discharge was improper or inequitable. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because it was already characterized as Honorable. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code, as they were both proper and equitable. Applicant's military medical records indicates a long pattern of impaired interpersonal and occupational functioning beginning early in his career and increasing in severity as his career progressed and he was placed in positions of greater responsibility. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change 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 AR20190005514 1