1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 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 narrative reason change. The applicant seeks relief contending, in effect, the applicant underwent a psychological evaluation while serving active duty in Kosovo, after two years without any judicial or nonjudicial punishment or any negative counseling. The applicant claims applicant had an excellent military record and believes the separation was due to refusing to have sex with prostitutes and drink on duty with the other Soldiers on patrol each day. The applicant claims applicant attempted to change the discharge in 2000, but the records were not reviewed based on the reason the applicant was still enlisted, although making an A plus average at LSU and having a DD Form 214. The applicant claims applicant achieved a 3.95 GPA at LSU for the Bachelor's Degree and a 3.82 GPA for the Master's Degree and owns a business with licenses for arborist, landscaper, and pesticide applicator. The applicant claims applicant has no criminal record and believes veteran's status, earned fighting for the country in Kosovo, would allow better job opportunities. The applicant claims separation was unjust and veteran's status should be awarded, like others who served along with the applicant. In a records review conducted on 12 April 2022, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is no longer applicable due to Army Regulation 635-200 changes. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-14, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. The Board determined the RE code was proper and equitable and voted not to change it. 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: N/A / N/A / JFX / RE-3 / Honorable b. Date of Discharge: 8 February 2000 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: 15 October 1997 / 3 years / The applicant extended the most recent enlistment by a period of 13 months on 12 February 1999, giving the applicant a new ETS of: 14 November 2001. b. Age at Enlistment / Education / GT Score: 23 / Some College / 125 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11M10, Fighting Vehicle Infantryman / 2 years, 3 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / NIF f. Awards and Decorations: ARCOM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Headquarters, U.S. Army Europe, Schweinfurt Transition Center, Germany, Orders 035-001, dated 4 February 2000, reflect the applicant was discharge under Army Regulation 635-40 on 8 February 2000 from the Regular Army. DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature, indicates the applicant was discharged with SPD Code JFX which is the appropriate code for enlisted Soldiers discharged under the provisions of (older version) Army Regulation 635-200, Chapter 5-13, Personality Disorder. The applicant provided Mississippi State University, Student Counseling Services, letter, dated 24 March 2008, reflecting the applicant underwent an MMPI-2 and the results indicated a valid profile with the absence of any psychopathology and all scores were in normal range. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided Memorandum, subject: Rebuttal to Separation under Chapter 5-13, AR 635-200, dated 25 January 2000, reflecting the applicant disagreed with the administrative separation because the personality did not interfere with the ability to perform prescribed duties; there was no evidence to support poor performance; the applicant was not offered a reasonable opportunity to overcome the deficiencies; and the diagnosis of Personality Disorder, not otherwise specified with narcissistic traits, came from psychological testing and personal history long before the applicant entered the service. The applicant contends the psychological test was recommended because of the applicant's spiritual beliefs. The applicant requested no administrative action be taken until the request for separation under Chapter 5-3 (currently Chapter 15) was processed. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Rebuttal to Separation under AR 635-200, Chapter 5-13; Mississippi University Student Counseling Services Letter. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends achieving high GPAs in attaining Bachelor's and Master's Degrees; owning a business with licenses for arborist, landscaper, and pesticide applicator; and has no criminal record. 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), 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. (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. e. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, provided 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 identified the SPD code of "JFX" as the appropriate code to assign enlisted Soldiers who were 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 waivable and nonwaivable separations. Table 3-1, defines reentry eligibility (RE) codes. RE-3 applies to a person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. 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 requests a change in narrative reason. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's AMHRR is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The applicant's AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged with SPD Code JFX, which is the appropriate code for enlisted Soldiers discharged under the provisions of (older version) Army Regulation 635-200, Chapter 5-13, Personality Disorder, and with a characterization of service of honorable. Based on the AMHRR, Orders 035-001, reflects a different authority for separation than the authority identified by the SPD Code on the DD Form 214. If the applicant believes this is in error, the applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. The applicant contends the narrative reason for separation needs changed. The applicant was separated under the provisions of Chapter 5, paragraph 5-13, (older version) AR 635-200 with an honorable discharge. The narrative reason specified, at the time of the discharge, by Army Regulations for a discharge under this paragraph is "Personality Disorder," and the separation code is "JFX." Army Regulation 635-8, Separation Processing and 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. The applicant contends the diagnosis of Personality Disorder, not otherwise specified with narcissistic traits, came from psychological testing and personal history long before the applicant entered the service. The applicant provided documentation from the university to show the applicant underwent a mental health test, which results indicated the absence of any psychopathology and all scores were of normal range. The applicant's AMHRR contains no documentation of a diagnosis. The AMHRR is void of a mental status evaluation. The applicant contends the psychological evaluation was recommended by the command based on the applicant's spiritual beliefs. There is no evidence in the AMHRR the applicant sought assistance or reported the discrimination. The applicant contends only receiving one 1-18 counseling and no prior negative counseling and the command did not offer an opportunity to overcome the deficiencies. Army Regulation 635-200, paragraph 1-18b, in effect at the time, provided when a Soldier's conduct or performance approaches the point where a continuation of such conduct or performance would warrant initiation or separation action, the Soldier will be counseled by responsible person about the deficiencies at least once before initiating separation action and before initiating separation action there must be evidence the Soldier's deficiencies have continued after the initial formal counseling. The applicant's AMHRR is void of the specific facts and circumstances concerning the events which led to the discharge. The applicant contends the separation was due to refusing to have sex with prostitutes and drink on duty with the other Soldiers and there was no evidence of poor performance. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends good service, including a combat tour. The Board considered the service accomplishments and the quality of service. The applicant contends an upgrade of the discharge or veteran's status will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. The applicant contends achieving high GPAs in attaining Bachelor's and Master's Degrees; owns a business with various licenses; and has no criminal record. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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? NA. Applicant's current characterization of service is Honorable. (2) Did the condition exist or experience occur during military service? NA (3) Does the condition or experience actually excuse or mitigate the discharge? NA (4) Does the condition or experience outweigh the discharge? NA b. Response to Contention(s): (1) The applicant contends the narrative reason for separation needs to be changed. The Board determined that the narrative reason for the applicant's separation is no longer applicable based on changes to the Army Regulation 635-200. The Board voted to change the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. (2) The applicant contends the diagnosis of Personality Disorder came from psychological testing and personal history long before the applicant entered the service. The Board determined that the narrative reason for the applicant's separation is no longer applicable based on changes to Army Regulation 635-200. The Board voted to change the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. (3) The applicant contends the psychological evaluation was recommended by the command based on the applicant's spiritual beliefs. The Board did not consider this contention during board proceedings because applicant's current characterization of service is Honorable. However, the Board voted to change the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV based on changes to the Army Regulation 635-200. (4) The applicant contends only receiving one counseling and no prior negative counseling and the command did not offer an opportunity to overcome the deficiencies. The Board did not consider this contention during board proceedings because applicant's current characterization of service is Honorable. However, the Board voted to change the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV based on changes to the Army Regulation 635-200. (5) The applicant contends the separation was due to refusing to have sex with prostitutes and drink on duty with the other Soldiers and there was no evidence of poor performance. The Board did not consider this contention during board proceedings because applicant's current characterization of service is Honorable. However, the Board voted to change the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV based on changes to the Army Regulation 635-200. (6) The applicant contends good service, including a combat tour. The Board did not consider this contention during board proceedings because applicant's current characterization of service is Honorable. However, the Board voted to change the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV based on changes to Army Regulation 635-200. (7) The applicant contends an upgrade of the discharge or veteran's status will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. (8) The applicant contends achieving high GPAs in attaining Bachelor's and Master's Degrees; owns a business with various licenses; and has no criminal record. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. In this case, the Board determined that a change to the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV be granted based on changes to the Army Regulation 635-200. c. The Board determined that the narrative reason for the applicant's separation is no longer applicable based on changes to the Army Regulation 635-200. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5- 14, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. The Board determined the RE code was proper and equitable and voted not to change it. d. Rationale for Decision: (1) The Board voted not to change the characterization of service due to it already being Honorable. However, the Board voted to change the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV based on changes to the Army Regulation 635-200. (2) The Board voted to change the applicant's reason for discharge because it was found that the Army Regulation 635-200 changed, thus making the current reason for discharge improper. The corrected reason for discharge will be Condition, not a disability. The SPD code associated with the new reason for discharge is JFV. (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 AR20210000162 1