1. Applicant's Name: a. Application Date: 5 June 2020 b. Date Received: 12 June 2020 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is honorable. The applicant through legal counsel requests a narrative reason change for separation to "Secretarial Authority", separation code, and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, the applicant served his country honorably during the applicant's service in the United States Army at Fort Lewis, WA. The applicant believes had the Army followed its own regulations and the Department of Defense Instructions and Directives the applicant would not have been diagnosed with a Personality Disorder. The applicant contends the medical records indicated that the Army's diagnosis of Personality Disorder was contrary to the overwhelming evidence and that a diagnosis of depression would have been appropriate instead. These errors deprived the applicant of a discharge document that accurately reflected a condition and result in inequitable stigmatization. For the foregoing reasons it is believed the applicant's narrative reason for separation, separation authority, and separation coded should be changed. The ADRB has the authority and opportunity to correct these injustices and should do so now. b. Board Type and Decision: In a records review conducted on 31 May 2023, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, the Board did find that the applicant's narrative reason for separation should be updated to reflect the current Army Regulation. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-14, the narrative reason for separation to Condition, Not a Disability, and the separation code to JFV. 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: Personality Disorder / AR 635-200, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 20 June 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 May 2008 (2) Basis for Separation: The applicant was informed of the following reason: for having been diagnosed with a personality disorder on 29 January 2008. As defined by AR 635- 200, a personality disorder was a deeply ingrained, maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 28 May 2008 (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 4 June 2008 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 November 2006 / 5 years, 19 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 7 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Several counseling statements referring to the applicant's monthly duty performance. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): See below (1) Applicant provided: Chronological Records of in-service Medical Care documents dated between 26 January 2007 and 28 February 2008, submitted by the applicant with the application reference the applicant having problems with Major Depression Recurrent Moderate, Alcohol Abuse, Psychiatric Diagnosis or condition Deferred on Axis II and III, Axis IV Psychosocial and Environmental Problems, Axis V Global Assess of Functioning (GAF) Scale (100-0), Personality Disorder, Cyclothymic Disorder, Occupational Problems, and Depression. (2) AMHRR Listed: Commander's request for mental health evaluation, dated 8 February 2008, refers to the applicant having issues controlling his temper and issues with authority. Memorandum for Commander dated 29 January 2008, from Staff Psychiatrist and Chief Psychiatry, referring "Fitness for Duty Evaluation of the applicant" indicates the applicant was evaluated at the Department of Psychiatry, Madigan Army Medical Center after command referral for duty evaluation. The applicant was diagnosed with Personality Disorder, NOS, with borderline and avoidant characteristics. It was recommended the applicant continue psychotherapy until separated from the military. Based on results of the evaluation, the applicant was recommended for administrative separation in accordance with Chapter 5-13 (Separation because of Personality Disorder), AR 635-200. The applicant did not have a severe mental disorder; however, the applicant manifested a long-standing disorder of character, behavior and adaptability that was of such severity to preclude adequate military service. It was noted the applicant's personality disorder was likely not respond to Command efforts at rehabilitation (such as transfer, disciplinary action, or reclassification) or to any treatment methods available in any military mental health facility. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; legal brief to exhibits 1-10 (i.e., Bachelor of Arts certificate, Master of Science certificate, two academic transcripts, resume, employment welcome letter, letter of support, enlistment documents, in-service medical records / chronological records of medical care, enlisted record brief, separation packet, separation packet, and DD Form 214 for the period of service under review. 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 5-1 states 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. (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 commander 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. 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 "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. f. 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. 8. SUMMARY 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 narrative reason change for separation to "Secretarial Authority", separation code, and a reentry eligibility (RE) code change. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant seeks relief contending that he served his country honorably during his service in the United States Army at Fort Lewis, WA. The applicant believes had the Army followed its own regulations and the Department of Defense Instructions and Directives he would not have been diagnosed with a Personality Disorder. The applicant contends the medical records indicated that the Army's diagnosis of Personality Disorder was contrary to the overwhelming evidence and that a diagnosis of depression would have been appropriate instead. These errors deprived the applicant of a discharge document that accurately reflected a condition and result in inequitable stigmatization. For the foregoing reasons it is believed the applicant's narrative reason for separation, separation authority, and separation coded should be changed. The ADRB has the authority and opportunity to correct these injustices and should do so now. Evidence in the AMHRR confirms the applicant was diagnosed by competent medical authority with a personality disorder: Personality Disorder, Not Otherwise Specified. Prior to the applicant's discharge, a Memorandum for Commander dated 29 January 2008, from Staff Psychiatrist and Chief Psychiatry, referring "Fitness for Duty Evaluation of the applicant" indicates the applicant was evaluated at the Department of Psychiatry, Madigan Army Medical Center after command referral for duty evaluation. The applicant was diagnosed with Personality Disorder, NOS, with borderline and avoidant characteristics. It was recommended the applicant continue psychotherapy until separated from the military. Based on results of the evaluation, the applicant was recommended for administrative separation in accordance with Chapter 5-13 (Separation because of Personality Disorder), AR 635-200. The applicant did not have a severe mental disorder; however, the applicant manifested a long-standing disorder of character, behavior and adaptability that was of such severity to preclude adequate military service. It was noted the applicant's personality disorder was likely not respond to Command efforts at rehabilitation (such as transfer, disciplinary action, or reclassification) or to any treatment methods available in any military mental health facility. 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. However, it should be noted; in accordance with AR 635-200, paragraph 5-17, 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. 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, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses: the applicant held in-service diagnoses of Personality Disorder NOS (borderline and avoidant traits), Major Depressive Disorder (MDD), and Cyclothymia. (2) Did the condition exist or experience occur during military service? Yes. The applicant held in-service diagnoses of Personality Disorder NOS (borderline and avoidant traits), Major Depressive Disorder (MDD), and Cyclothymia. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that while the applicant's contentions were noted, documentation supports a proper and equitable assessment, diagnosis, and recommendation. (4) Does the condition or experience outweigh the discharge? No. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the available evidence did not support a conclusion that the applicant's Personality Disorder, MDD, and Cyclothymia outweighed the basis for applicant's separation as the diagnosis were proper and equitable. b. Response to Contention(s): (1) The applicant seeks relief contending that he served his country honorably during his service in the United States Army at Fort Lewis, WA. The current characterization of service is honorable, there is no further relief available with respect to characterization. (2) The applicant believes had the Army followed its own regulations and the Department of Defense Instructions and Directives he would not have been diagnosed with a Personality Disorder. The Board liberally considered this contention, but ultimately found that the available documentation supports the applicant was properly and equitably assessed, diagnosed, and recommended for discharge. (3) The applicant contends the medical records indicated that the Army's diagnosis of Personality Disorder was contrary to the overwhelming evidence and that a diagnosis of depression would have been appropriate instead. These errors deprived the applicant of a discharge document that accurately reflected a condition and result in inequitable stigmatization. For the foregoing reasons it is believed the applicant's narrative reason for separation, separation authority, and separation coded should be changed. The Board considered this contention and determined that, while the available medical documentation does support a proper and equitable assessment, diagnosis, and recommendation, an update to the relevant separation chapter does warrant change. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-14, the narrative reason for separation to Condition, Not a Disability, and the separation code to JFV c. The Board denied the request upon finding the separation was both proper and equitable. However, the Board did find that the applicant's narrative reason for separation should be updated to reflect the current Army Regulation. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-14, the narrative reason for separation to Condition, Not a Disability, and the separation code to JFV. The applicant has exhausted their appeal options available with ADRB. However, the applicant may still apply to the Army Board for Correction of Military Records. 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 current characterization of service is honorable, there is no further relief available with respect to characterization. (2) The Board voted to change the separation authority to AR 635-200, paragraph 5- 14, the narrative reason for separation to Condition, Not a Disability, and the separation code to "JFV" in order to better reflect the current Army Regulation 635-200. (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: Yes b. Change Characterization to: No Change c. Change Reason / SPD Code to: Condition, Not a Disability / JFV 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 AR20200008655 1