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 honorable. The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, the administrative separation request form contradicts what is reflected on the DD Form 214. The applicant contends having a memorandum transferring the applicant to medical hold to go to a Medical Evaluation Board (MEB) for PTSD and retirement. The applicant contends physical ailments the applicant had since basic training were not evaluated prior to the discharge. The applicant contends not receiving the Combat Infantry Badge, nor was it put on the DD Form 214. b. Board Type and Decision: In a records review conducted on 6 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) 3. 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: 12 June 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 May 2007 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant has met the criteria for post-traumatic stress disorder. The applicant does not have the motivation to improve if the applicant is in the Army. This disorder has interfered with the applicant’s ability to perform within the military. The applicant has been provided counseling but have been unable to make substantial improvements due to the circumstances of the disorder. The wisest course of action is to separate for the applicant’s own benefit and for the good of the Army. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 22 May 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 May 2007 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 October 2004 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 27 / GED / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 8 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (30 November 2005 – 29 November 2006) f. Awards and Decorations: NDSM, GWOTSM, ICM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant provided a copy of a Memorandum for Commander, dated 2 April 2007, which reflects the purpose of this memorandum is place the applicant on quarters through 1000 hours, Monday, 9 April 2007. The applicant will be transferred as soon as the Medical Hold Company has openings. The MEB process has been initiated and the unit should receive the appropriate documents for the transfer soon. Developmental Counseling Forms, for initiation of chapter 5-17. Orders 151-0161, dated 31 May 2007, reflect the applicant was to be reassigned to the U.S. Army Transition Point and discharged on 12 June 2007 from the Regular Army. The applicant’s Enlisted Record Brief (ERB), dated 16 April 2007, reflects the applicant was flagged for Involuntary Separation or Discharge (Field Initiated) (BA) effective 16 April 2007. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: Report of Medical History, dated 8 May 2007, the examining medical physician noted in the comments section: Followed by mental health for PTSD. Currently denies S/H ideations. Current medications adequate and no complaints or concerns. (2) AMHRR Listed: Mental Status Evaluation, dated 3 April 2007, reflects the applicant has the capacity to understand and participate in the proceeding and mentally responsible. Meets the retention requirements of chapter 3, AR 401-501 (Does not have unfitting diagnosis which require Medical Evaluation Board. The applicant was diagnosed with: PTSD. The Soldier is currently stable and denied SI, HI, AH, VH, and delusions. The Soldier’s mental status examination is within normal limits. The Soldier does meet the Diagnostic criteria for post- traumatic stress disorder. This Solider was conveyed the options for treatment and clearly wants out of the Army. The Soldier does not have the motivation to improve so long as the applicant is in the Army. As such, this disorder does not meet the criteria for a medical evaluation board but has interfered with the ability to perform within the military. The Soldier has been provided counseling but is unable to make substantial improvement due to the circumstances contributing to the disorder. The wisest course of action is to recommend a Chapter 5-17, other mental illness, for the benefit of the Soldier and the good of the Army. Mental Status Evaluation, dated 9 April 2007, reflects the applicant has the capacity to understand and participate in the proceeding and mentally responsible. Meets the retention requirements of chapter 3, AR 401-501 (Does not have unfitting diagnosis which require Medical Evaluation Board process. The applicant was diagnosed with: Acute PTSD and is having difficulty entering treatment. SM denies current suicidal or homicidal ideation 5. APPLICANT-PROVIDED EVIDENCE: Three DD Forms 214; DD Form 293; Memo, dated 2 April 2007; Administrative Separation Request Form; Report of Medical History; Honorable Discharge Certificate. 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) 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 waivable and nonwaivable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-3 Applies to: 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 an upgrade to honorable. The applicant’s Army Military Human Resource Record (AMHRR) reflects the applicant, was discharge under the provisions of AR 635-200 Chapter 5-17, by reason of a physical condition, not a disability. 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 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 having a memorandum transferring the applicant to medical hold to go to a Medical Evaluation Board (MEB) for PTSD and retirement. The applicant provided a Memorandum for Commander, dated 2 April 2007, reflecting the purpose of this memorandum is to place the applicant on quarters through 1000 hours, Monday, 9 April 2007. The applicant’s AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends physical ailments the applicant had since basic training were not evaluated prior to discharge. There is no evidence in the AMHRR the applicant ever sought assistance for these ailments. The applicant contends not receiving the Combat Infantry Badge, nor was it put on the DD Form 214. The applicant’s request does not fall within this board’s purview. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans’ Service Organization. 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? No. The applicant was not discharged for misconduct, rather, the discharge was based on a Condition, Not a Disability due to applicant’s PTSD diagnosis. Therefore, there was no mitigation based on applicant’s medical condition. (2) Did the condition exist or experience occur during military service? N/A. (3) Does the condition or experience actually excuse or mitigate the discharge? N/A. (4) Does the condition or experience outweigh the discharge? N/A. b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs changed. The Board considered this contention and determined the narrative reason for discharge is appropriate. The applicant was discharged for PTSD, “A Condition, Not a Disability” thus, the narrative reason for discharge is appropriate. (2) The applicant contends having a memorandum transferring the applicant to medical hold to go to a Medical Evaluation Board (MEB) for PTSD and retirement. The Board determined that the applicant’s requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans’ Service Organization. (3) The applicant contends physical ailments the applicant had since basic training were not evaluated prior to discharge. The Board considered this contention and determined there is insufficient evidence to support the applicant had suffered injuries since basic training that were not evaluated prior to discharge. (4) The applicant contends not receiving the Combat Infantry Badge, nor was it put on applicant’s DD Form 214. The Board determined that the applicant’s requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans’ Service Organization. c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. 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 determined the discharge is proper and equitable as the applicant was discharged with a Characterization of Honorable therefore no further relief is available. (2) The Board voted not to change the applicant’s reason for discharge or accompanying SPD code as 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 AR20210001912 1