Applicant’s Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 c. Counsel: None 1. 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 requests a narrative reason change and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, serving in the Army for a total of 6 months. Before the applicant enlisted, they were homeschooled and graduated on time, with more credits than required. The applicant always wanted to do more than what was expected and spent two years training to become both physically and mentally fit prior to enlisting. The applicant does not agree with the discharge received and states they have never had any physicality which would hold them back from serving any less than excellent. During training, the applicant was always ready to do whatever was asked and their service record was flawless. Prior to the applicant’s discharge, they were going through traumatic family issues with their parent falling deathly ill and being divorced from their spouse two days before finishing training. The applicant never wanted to get out of the military and still desires to reenlist. Since being discharged the applicant has a job and is now in line for a management position. The applicant is in perfect health, mentally and physically, and still has strength and ability needed to pass tests and challenges. The applicant is more than ready to finish what was started and become a great person for themself and the United States Military. b. Board Type and Decision: In a records review conducted on 22 June 2023, 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) 2. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / Honorable b. Date of Discharge: 31 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 October 2013 (2) Basis for Separation: The applicant was informed of the following reasons: For Other Designated Physical or Mental Condition, specifically, for being diagnosed with adjustment disorder with Mixed Anxiety and Depressed Mood; Partner-relational problem (spouse); Probable Bereavement, on 19 September 2013. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 18 October 2023 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 October 2023 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 April 2013 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-1 / 11B10, Infantryman / 6 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Form, dated 4 October 2013, for being unable to show any signs of improvement during the ascribed evaluation period. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: Psychological Evaluation, dated 22 July 2014, reflects the applicant appeared to be experiencing a narcissistic personality disorder and was diagnosed with Adjustment Disorder, NOS and Narcissistic Personality Traits. Recommendations reflected the applicant did not appear to be experiencing any significant psychological/psychiatric dysfunction that would interfere with the ability to serve in the United States Army. (2) AMHRR Listed: Report of Mental Status Evaluation, dated 19 September 2013, reflects the applicant was diagnosed with adjustment disorder with Mixed Anxiety and Depressed Mood; Partner-relational problem (spouse); Probable Bereavement and Dependent and Cluster B Personality Traits. The applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong; and met medical retention requirements. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; Self-Authored Statement; DD Form 214; Discharge Orders; Enlisted Records Brief; Letter from Northwest Physicians; Psychological Evaluation. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has a job where they are now in line to acquiring a management position in the short time they have been employed. 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 5-1 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. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of paragraph 5-14 (previously paragraph 5-17) unless properly notified of the specific factors in the service that warrant such characterization. (5) Paragraph 5-14 (previously 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 5-14 (previously Chapter 5-17), Condition, not a Disability. 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 their 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 requests a narrative reason change and 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’s Army Military Human Resource Record (AMHRR) includes evidence the applicant, while in training status, was evaluated by competent medical authority and determined the applicant was diagnosed with adjustment disorder with Mixed Anxiety and Depressed Mood; Partner-relational problem (spouse); Probable Bereavement and Dependent and Cluster B Personality Traits. The applicant contends the narrative reason for the discharge needs to be changed to reflect hardship. The applicant was separated under the provisions, at the time, of Chapter 5, paragraph 5-17, AR 635-200 with an honorable discharge. 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 635-8, 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 exactly 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 SPD code should be changed. The SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DoD and the Military Services to assist in the collection and analysis of separation data. The SPD Codes are controlled by OSD and then implemented in Army policy AR 635-5-1 to track types of separations. The SPD code specified by Army Regulations at the time, for a discharge under Chapter 5, paragraph 5-17, is “JFV.” The applicant contends they have never had any physicality which would hold them back from serving any less than excellent. The applicant provided a Psychological Evaluation, dated 22 July 2014, reflecting recommendations the applicant did not appear to be experiencing any significant psychological/psychiatric dysfunctions that would interfere with abilities to serve in the United States Army. The applicant’s Army Military Human Resource Record (AMHRR) includes a Mental Status Evaluation, which reflects the applicant was evaluated by competent medical authority and determined the applicant was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood; Partner-relational problem (spouse); Probable Bereavement and Dependent and Cluster B Personality Traits. The applicant’s AMHRR reflects the narrative reason for discharge was specified by Army Regulations was “Condition, not a Disability,” and the separation code is “JFV.” The applicant’s AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends good service. The Board will consider the applicant’s service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends family issues affected behavior and ultimately caused the discharge. There is no evidence in the AMHRR the applicant ever sought assistance prior to being separated from the military. The applicant desires to rejoin the Military Service. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-201, the applicant was appropriately assigned an RE code of “3.” There is no basis upon which to grant a change to the reason or the RE code. An RE Code of “3” indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army’s needs at the time and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant contends obtaining employment and is in line for a management position. 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? 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/experiences: Adjustment Disorder. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant was diagnosed in service with an adjustment disorder. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that there are no mitigating BH conditions or experiences. The applicant was diagnosed in service with an adjustment disorder for which he was discharged under Chapter 5-17, A Condition Not a Disability. Applicant was not diagnosed in service with any other BH conditions, and he is not service connected by the VA for any BH conditions. Applicant’s discharge appears appropriate to include the narrative reason and RE Code. (4) Does the condition or experience outweigh the discharge? No. Despite the Board’s application of liberal consideration, the Board concurred with the opinion of the Board’s Medical Advisor, a voting member, that the available evidence did not support a conclusion that the applicant’s narrative reason and RE-code should be upgraded due to the applicant’s Adjustment DOS which is a condition not a disability. b. Response to Contention(s): (1) The applicant contends the narrative reason and the separation program designator code needs to be changed to reflect hardship. The Board voted not to change the narrative reason for discharge, as the current narrative reason and accompanying SPD code are proper and equitable because the applicant was properly diagnosis with a condition not a disability precluding continued service and was administratively separated for that condition. Therefore, no change is warranted. (2) The applicant contends they have never had any physicality that would hold them back from serving any less than excellent. The Board considered this contention and determined the applicant’s AMHRR reflects the narrative reason for discharge was specified by Army Regulations was “Condition, not a Disability,” and the separation code is “JFV.” The applicant’s AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. (3) The applicant contends good service. The Board recognizes and appreciates the applicant’s willingness to serve and considered this contention during board proceedings along with the totality of the applicant’s service record. (4) The applicant contends family issues affected behavior and ultimately caused the discharge. The Board considered this contention during proceedings, however, the Board determined that the available evidence did not support a conclusion that any of the applicant’s family issues warranted a change to the applicant’s discharge. (5) The applicant contends they desire to reenlist in the Military. The Board considered this contention and voted to maintain the current RE-code 4. (6) The applicant contends obtaining employment and in line for a management position. The Board considered all contentions during preceding and 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 considered this contention and determined that the discharge was proper and equitable given the medical diagnosis - adjustment disorder (Condition, not a Disability). c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. 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 there were no mitigating factors for the Board to consider. The applicant was not diagnosed in service with any other BH conditions and is not service connected by the VA for any BH condition. 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. 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 AR20210001084 1