1. Applicant's Name: a. Application Date: 27 February 2020 b. Date Received: 4 March 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is uncharacterized. The applicant requests an upgrade to general (under honorable conditions) and a change to his narrative reason for discharge and reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that he was misdiagnosed. He was told he had a Condition, Not A Disability. The condition was him being gay and not fitting into the box they wanted him to fit into at the time. He was told he could try and re-enlist at another time and he is finding out that to not be true. He never had a condition, he never had a disability, and he doesn't have any today. He passed Denver MEPS in 2011 and he passed again at San Diego MEPS in 2019. He was pushed and forced out of the Army. Since he has gotten out the main thing I have disputed is how he was discharged. He has never had an adjustment disorder with anxiety and depressed mood or anything related to any of that. He was wrongly pushed out of the Army for issues he never had or ever existed. He was pushed out because he was gay and people did not like it, and they did what they had to do to get him pushed out. Nothing is wrong with him and her has nothing to hide. He has been trying to re-enlist for 9 years. He did go see a physicist in 2011 after he was kicked out of the Army to prove he had no issues he was medically and mentally fit in 2011 and he is medically and mentally fit now. The Department of the Army was asking for a document he should have been given when he was discharged that explained in detail why he was discharged beyond his DD Form and NGB-Form 22. He reached out the Army Human Resources, Fort Benning Records, Fort Benning Hospital, National Personal Records Center, Department of Veteran Affairs, Colorado National Guard, and Denver MEPS and no one has any record of this document or many others that he does have in his file. He has also signed up for about 5 or more web sites that house military documents and there is no record. Bottom line he is a healthy and mentally fit individual who wants to serve his country and he needs the board's ability to approve a waver so he can re-enlist. A prior records review was conduct on 14 May 2014. In a telephonic personal appearance hearing conducted on 2 August 2021, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. 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: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 17 May 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: IADT, 21 March 2011 / 10 weeks for basic training and 4 weeks MOS training, or until complete (11B10) b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 20 days d. Prior Service / Characterizations: ARNG, 1 March 2011 to 20 March 2011 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Orders 133-2237, DA, HQ, United States Army Maneuver Center of Excellence, Fort Benning, GA, dated 13 May 2011, discharged the applicant from the Regular Army, effective 17 May 2011 i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF; medical records documents submitted by the applicant make reference to the applicant having had problems with Adjustment Disorder with Anxiety and Depressed Mood on 5 April 2011; Panic Disorder Without Agoraphobia and Anxiety on 4 April 2011; and Hyperventilation Syndrome and Anxiety Disorder NOS on 3 April 2011. Letter from Northwest Counseling & Associates LLC, Dr. R.C.N. MD Psychiatrist, dated 4 October 2011, indicating in his opinion that the applicant was not showing any symptoms of mental illness and did not pose any danger to himself or other. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; certified copy of vital record; high school diploma; certificate of Associated of Science in Management; notes from physicist in 2011 saying he had no issues; NGB Form 22, statements of support; copy of his prior records review; enlistment contract; medical documents relating to his discharge from Active Duty; documents relating to his separation from the Army National Guard; and DD Form 214 for the period of enlistment under review. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since he was discharged he has rebuilt a very strong relationship with his mother since she divorced his step farther. He has completed his Associate's Degree and is almost complete with his bachelor degree. He has built a strong resume within the mortgage job field where he has been given lots of promotions and recognized for his outstanding performance. He has been dedicating his time to fundraisers and helping his community at the Denver, San Diego, and Los Angeles LGBTQ centers. He has stayed also physically fit and participate in the AIDS Lifecycle fund raiser a 545-mile bike ride from San Francisco to Los Angles to benefit the San Francisco AIDS Foundation and Los Angles LGBTQ center. He has been advancing his life and been successful in doing so, he wants to rejoin the Amy and fulfill his duty to serve his country and continue to be an outstanding citizen. 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 Service-member discharged from active military service within 15 years of the Service-member'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 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) 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. 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 requests an upgrade to general (under honorable conditions) and a change to his narrative reason for discharge and reentry eligibility (RE) code. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. The applicant's AMHRR does contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-17 by reason of a physical condition, not a disability, with an uncharacterized service. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability," and the separation code is "JFV." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that he was misdiagnosed. He was told he had a Condition, Not A Disability. The condition was him being gay and not fitting into the box they wanted him to fit into at the time. The applicant's contentions were noted; medical records documents submitted by the applicant make reference to the applicant having had problems with Adjustment Disorder with Anxiety and Depressed Mood on 5 April 2011; Panic Disorder Without Agoraphobia and Anxiety on 4 April 2011; and Hyperventilation Syndrome and Anxiety Disorder NOS on 3 April 2011. The merit of the applicant's contentions cannot be established because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. The applicant expressed a desire to rejoin the military service. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code's Cross Reference Table the applicant was appropriately assigned an RE code of 3. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. 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 provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. c. Counsel / Witness(es) / Observer(s): N/A 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. Applicant was diagnosed with BH conditions (Adjustment Disorder with anxiety and depressed mood; Anxiety Disorder NOS; Panic Disorder without agoraphobia). (2) Did the condition exist or experience occur during military service? No. Applicant's BH conditions (Adjustment Disorder with anxiety and depressed mood; Anxiety Disorder NOS; Panic Disorder without agoraphobia) existed prior to service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The applicant was discharged for Condition, Not a Disability, related to the applicant's pre-existing medical conditions. There is no misconduct that can be excused or mitigated. (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contentions: (1) The applicant seeks relief contending that he was misdiagnosed. He was told he had a condition, not a disability. Applicant's BH conditions (Adjustment Disorder with anxiety and depressed mood; Anxiety Disorder NOS; Panic Disorder without agoraphobia) existed prior to service. There is no evidence that DADT had an impact on discharge, as the numerous diagnoses prior to service made the discharge proper and equitable. (2) The applicant expressed a desire to rejoin the military service. His RE-3 allows him to reenlist after obtaining proper waivers. The Board determined the discharge was proper and equitable and voted to not change the RE code. The applicant is encouraged to seek advice of a recruiter for reenlistment possibilities. c. The Board denied the request upon finding the separation was both proper and equitable. The majority of 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. 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 Board voted not to change the applicant's characterization of service because, despite applying liberal consideration, Applicant's BH conditions (Adjustment Disorder with anxiety and depressed mood; Anxiety Disorder NOS; Panic Disorder without agoraphobia) existed prior to service thus warranting UNC discharge, the applicant did not supply sufficient independent corroborating evidence to support contentions, and 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. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, and the reason the applicant was discharged was both proper and equitable. (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 / 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 AR20200009544 7