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: 

  a.	Applicant's Requests and Issues: The current characterization of service for the period 
under review is general (under honorable conditions). The applicant requests an upgrade to 
honorable.

The applicant seeks relief contending, in effect, wanting to enlist in the military again and correct 
all the mistakes they made in the past. The applicant cannot do this at the present time since 
most branches of the military require a waiver which is not going to be given. The applicant 
believes they can prove oneself in another branch. The applicant was discharged medically due 
to one parent passing away from cancer and the other parent fighting cancer. The applicant had 
been through much of stress in Korea and unfortunately, the applicant turned to suicide. The 
applicant did receive the proper help; however, unfortunately, was discharged. The applicant 
desires a change to the reentry code and type of separation to enlist in the military again and 
serve the country. The applicant is on the verge of being homeless and cannot find a job. 

  b.	Board Type and Decision: In a records review conducted on 8 June 2023, and by a 5-0 
vote, the Board determined that the characterization of service was inequitable based the 
applicant's Adjustment Disorder outweighing the applicant's medically mitigated FTR offenses 
that served the basis for the applicant receiving a General Discharge. Accordingly, the Board 
voted to grant relief in the form of an upgrade to the characterization of service to Honorable.  
The Board determined the narrative reason/SPD code and RE code were proper and equitable 
and voted not to change them.
Please see Section 9 of this document for more detail regarding the Board's decision. 

(Board member names available upon request)

3.	DISCHARGE DETAILS:

   a.	Reason / Authority / Codes / Characterization: Condition, Not a Disability / 
AR 635-200, Chapter 5-17 / JFV / RE-3 / General (Under Honorable Conditions)

   b.	Date of Discharge: 13 December 2014

   c.	Separation Facts: 

       (1)	Date of Notification of Intent to Separate: 2 December 2014 

       (2)	Basis for Separation: The applicant was informed of the following reasons: 

On 8 October 2014, the applicant was evaluated by the Behavioral Health Professional, 
diagnosed with Acute Adjustment Disorder with Depressed Mood, and determined to be unfit for 
duty in the United States Army due to a personality disorder or other mental condition;

On 27 August 2014, the applicant received an Article 15 for failing to go to the prescribed 
appointed place of duty, to wit: SSA at 0900, which is in violation of Article 86, UCMJ; and,

On 29 July 2014, the applicant failed to go to the prescribed appointed place of duty, to wit: the 
motor pool or company area at 0900, which is in violation of Article 86, UCMJ.

       (3)	Recommended Characterization: General (Under Honorable Conditions) 

       (4)	Legal Consultation Date: 2 December 2014 

       (5)	Administrative Separation Board: NA 

       (6)	Separation Decision Date / Characterization: 3 December 2014 / General (Under 
Honorable Conditions) 

4.	SERVICE DETAILS:

   a.	Date / Period of Enlistment: 18 November 2013 / 3 years, 30 weeks / The applicant DD 
Form 214, block 12a appears to have an erroneous entry reflects 10 September 2013 which is 
the date the applicant started the delayed entry program. The applicant was released from the 
delayed entry program and entered the Regular Army on 18 November 2013.

   b.	Age at Enlistment / Education / GT Score: 21 / High School Graduate / 101

   c.	Highest Grade Achieved / MOS / Total Service: E-2 / 25Q10, Multichannel 
Transmission Systems Operator-Maintainer / 1 year, 26 days

   d.	Prior Service / Characterizations: None 

   e.	Overseas Service / Combat Service: Korea / None

   f.	Awards and Decorations: NDSM, GWOTSM, KDSM, ASR

   g.	Performance Ratings: NA

   h.	Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 27 August 2014, for 
failing to go at the time prescribed to the appointed place of duty on 28, 29, 30 and 
31 July 2014; and, on or about 30 July 2014, missed movement with which the applicant was 
required in the course of duty to move. The punishment consisted of a reduction to E-1; 
forfeiture of $357 pay; and extra duty and restriction for 14 days.

Seven Developmental Counseling Forms, for FG Article 15 proceedings IAW Chapter 14 
Proceedings; four for failure to report; insubordinate conduct toward an NCO; and, missing 
movement. 

   i.	Lost Time / Mode of Return: None

   j.	Behavioral Health Condition(s): 

     (1)	Applicant provided: None

     (2)	AMHRR Listed: Physical Profile, dated 7 October 2014 reflects the applicant had the 
following medical condition: Adjustment Disorder with Depressed Mood, Acute.

Report of Mental Status Evaluation, dated 8 October 2014, reflects 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. The applicant had been 
screened for PTSD and mTBI with negative results. The conditions were either not present or 
did not meet AR 40-501 criteria for a medical evaluation board. The applicant was diagnosed 
with: Axis I: Adjustment Disorder with Depressed Mood, Acute.

Discharge Instructions, dated 8 October 2014, reflect the applicant was diagnosed with: Axis I: 
Adjustment Disorder with Depressed Mood, Acute; Axis III: s/p overdose; and Axis IV: unit 
conflict, parent child relationship issues.

Report of Medical History, dated 9 October 2014, it was noted SM was admitted for attempted 
suicide and depression. 

5.	APPLICANT-PROVIDED EVIDENCE: Online application. 

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), 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 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)	Chapter 5 provides for the basic separation of enlisted personnel for the convenience 
of the government. 

       (5)	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.  

       (6)	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 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. 

	RE-4 Applies to: Person separated from last period of service with a nonwaiverable 
disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of 
separation or separated for any reason (except length of service retirement) with 18 or more 
years active Federal service. Eligibility: Ineligible for enlistment. 

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 an upgrade to honorable.

The applicant contends the narrative reason for the discharge needs changed. The applicant 
was separated under the provisions, at the time, of Chapter 5, paragraph 5-17, AR 635-200 with 
a general (under honorable conditions) 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 being under stress and turned to suicide. There is no evidence in the 
AMHRR the applicant ever sought assistance before committing the misconduct, which led to 
the separation action under review. The AMHRR contains Discharge Instructions, dated 
8 October 2014, which reflect the applicant was diagnosed with: Axis I: Adjustment Disorder 
with Depressed Mood, Acute; Axis III: s/p overdose; and Axis IV: unit conflict, parent child 
relationship issues. Report of Mental Status Evaluation, dated 8 October 2014, reflects 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. The applicant had 
been screened for PTSD and mTBI with negative results. The conditions were either not present 
or did not meet AR 40-501 criteria for a medical evaluation board. The applicant was diagnosed 
with: Axis I: Adjustment Disorder with Depressed Mood, Acute.

The applicant contends an upgrade of the discharge will allow the applicant to obtain better 
employment. The Board does not grant relief to gain employment or enhance employment 
opportunities.

The applicant contends being on the verge of being homeless and the need for help. Eligibility 
for housing support program benefits for Veterans does not fall within the purview of the Army 
Discharge Review Board. Accordingly, the applicant should contact a local office of the 
Department of Veterans Affairs for further assistance. Moreover, all veterans at risk for 
homelessness or attempting to exit homelessness can request immediate assistance by calling 
the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and 
confidential assistance.

The applicant requests a reentry eligibility (RE) code change. 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.

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, while the applicant was discharged for a medical condition not amounting to a disability, 
the applicant received a general discharge based on the applicant's offenses of failure to report 
and the applicant potentially-mitigating diagnoses/experiences: Adjustment Disorder with 
depressed mood, Chronic Adjustment Disorder, Depression.

       (2)	Did the condition exist or experience occur during military service? Yes. The Board's 
Medical Advisor found applicant was diagnosed in service with an Adjustment Disorder and is 
service connected by the VA for Chronic Adjustment Disorder.

       (3)	Does the condition or experience actually excuse or mitigate the discharge? Partial. 
The Board Medical Advisor applied liberal consideration and opined that the applicant's 
(Adjustment disorder/Depression/Chronic Adjustment Disorder) mitigates the applicant's FTRs 
that served the basis for the applicant's General characterization of service.  The Board Medical 
Advisor determined that applicant's discharge in accordance with Chapter 5-17 was appropriate 
based on the medical records substantiating the applicant's diagnosis of personality disorder.

       (4)	Does the condition or experience outweigh the discharge? Yes. After applying liberal 
consideration to the evidence, including the Board Medical Advisor opine, the Board determined 
that the applicant's Chronic Adjustment Disorder/depression outweighed the FTRs and after 
applying liberal consideration to the evidence, including the Board Medical Advisor opine, the 
Board determined that the applicant's Chronic Adjustment Disorder/depression outweighed the 
applicant's medically mitigated FTR offenses that served the basis for the applicant receiving a 
General Discharge.

   b.	Response to Contention(s): 

     (1)	The applicant contends the narrative reason for the discharge needs changed. The 
Board considered this contention and determined that the applicant was properly separated 
under the provisions, at the time, of Chapter 5, paragraph 5-17, AR 635-200. 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. The Board found insufficient evidence to warrant deviation 
from the regulation.

       (2)	The applicant contends being under stress and turned to suicide. The Board 
considered this contention, however, did not address it during deliberations due to an upgrade 
being granted based on the applicant's chronic Adjustment Disorder/depression outweighing the 
applicant's medically mitigated FTR offenses that served the basis for the applicant receiving a 
General Discharge. 

       (3)	The applicant contends an upgrade of the discharge will allow the applicant to obtain 
better employment. The Board considered this contention but does not grant relief to gain 
employment or enhance employment opportunities.

       (4)	The applicant contends being on the verge of being homeless and the need for help. 
The Board considered this contention, however, did not address it during deliberations due to an 
upgrade being granted based on the applicant's Chronic Adjustment Disorder/depression 
mitigating the basis for separation.

       (5)	The applicant requests a reentry eligibility (RE) code change. The Board considered 
this contention and voted to maintain the RE-code at RE-3, which is a waivable 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.

   c.	The Board determined the characterization of service was inequitable based on the 
applicant's Chronic Adjustment Disorder/depression outweighing the FTRs and the Ch 5-17 was 
appropriate given the evidence of a mental condition in the medical records. Thus, warranting 
an upgrade.

   d.	Rationale for Decision:

       (1)	The Board voted to change the applicant's characterization of service to Honorable 
because the applicant's Chronic Adjustment Disorder/depression outweighed the applicant's 
medically mitigated FTR offenses that served the basis for the applicant receiving a General 
Discharge. Thus the prior characterization is no longer appropriate. 

       (2)	The Board voted not to change the applicant's reason for discharge or 
accompanying SPD code, 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:  Yes 

	b.	Change Characterization to:  Honorable

	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
AR20210001896
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