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 uncharacterized. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, desiring a discharge upgrade because the information was placed in the separation paperwork was invalid; the information was placed in the separation proceedings was “in progress” is not accurate. The separation paperwork states the applicant had an Adjustment Disorder with Mixed Anxiety and Depressed Mood. The applicant is not on any type of medication, nor was the applicant seeing a psychiatrist after discharge. The applicant contends being in the service for 180 days. The applicant states being interested in pursuing a career in law enforcement; however, the state of Alabama Law Enforcement agencies does not recognize uncharacterized discharges. b. Board Type and Decision: In a records review conducted on 13 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 / Uncharacterized b. Date of Discharge: 30 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 June 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 23 April 2015, the Fort Benning Community Mental Health Services recommended separation under AR 635- 200, Chapter 5-17, based on the diagnosis of Adjustment Disorder with Mixed Anxiety and Depressed Mood. This condition precludes Soldiers from further military service and separation would be in the best interest of the Soldier and US Army. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 2 June 2015, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 June 2015 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2014 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 20 / High School Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 6 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant’s DD Form 214, reflects the applicant had not completed the first full term of service. The applicant was discharged under the authority of AR 635-200, paragraph 5-17, with a narrative reason of Condition, Not a Disability. The DD Form 214 was authenticated with the applicant’s electronic signature. Orders 177-2207, dated 26 June 2015, reflect the applicant was to be reassigned to the U.S. Army Transition Point and discharged on 30 June 2015 from the Regular Army. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: Report of Mental Status Evaluation, dated 23 April 2015, reflects a recommendation to restrict access to or disarm all weapons and ammunition (including those which are privately owned). The applicant had been screened for PTSD and mTBI with negative results. The service member (SM) meets psychiatric criteria for expeditious administrative separation IAW chapter 5-17 of AR 635-200. It is the professional opinion of the undersigned the service member would not respond to command efforts at rehabilitation, such as transfer disciplinary action or reclassification, or to any behavioral health treatment methods currently available in the military. The service member has been screened for Post-Traumatic Stress Disorder and Traumatic Brain Injury. These conditions are either not present or if present, do not meet AR 40-501 criteria for a medical evaluation board. The command was advised to consider the influence of these conditions, if present, when determining final disposition. Service member had been screened for substance use disorders (alcohol and drugs). Findings, no current substance use issues. This SM was seen at MULTI-D Sand Hill because of depression and anxiety. The applicant attributes problems to the military environment and reports experiencing the following emotional symptoms: low mood, tearfulness, feelings of hopelessness, nervousness, worry, jitteriness, and separation anxiety. Because this SM lacks intrinsic motivation to improve and exhibits persistent resistance to both unit and/or MULTI-D Sand Hill interventions to implement the same, the applicant will continue to experience impairing difficulties if the applicant remains on active duty. The applicant has been assessed for PTSD, TBI, SUD’s, depression, and sexual assault which occurred while in the military and screened negative for all these aforementioned conditions. The SM has a qualifying diagnosis which is severe enough to interfere with their functioning in the military. Attempts to rehabilitate the SM via two different treatment modalities (supportive and group therapy) have failed. Occupational issues have resulted from the SM’s condition include failure to complete basic training requirements, as well as an overall “poor” performance in the following areas: interest in the Army and motivation to serve. 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 3-9 states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. (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. (7) Glossary defines entry-level status for RA Soldiers is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. 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 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 had depression and anxiety. The applicant contends information was placed in the separation paperwork which was invalid; the information was placed in the separation proceedings was in progress and was not accurate. The separation paperwork states the applicant had an Adjustment Disorder with Mixed Anxiety and Depressed Mood. The applicant is not on any type of medication, nor was the applicant seeing a psychiatrist after the discharge. The applicant did not submit any evidence, other than the applicant’s statement, to support the contention. The Report of Mental Status Evaluation, dated 23 April 2015, page one was not in the file; however, it reflects the professional opinion of the service member would not respond to command efforts at rehabilitation, such as transfer disciplinary action or reclassification, or to any behavioral health treatment methods currently available in the military. This SM was seen at MULTI-D Sand Hill because of depression and anxiety. The applicant attributes problems to the military environment and reported experiencing the following emotional symptoms: low mood, tearfulness, feelings of hopelessness, nervousness, worry, jitteriness, and separation anxiety. Because this SM lacks intrinsic motivation to improve and exhibits persistent resistance to both unit and/or MULTI-D Sand Hill interventions to implement the same, the applicant will continue to experience impairing difficulties if the applicant remains on active duty. The applicant has a qualifying diagnosis which is severe enough to interfere with their functioning in the military. Attempts to rehabilitate the SM via two different treatment modalities (supportive and group therapy) have failed. The applicant’s AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends being in the service for 180 days. Army Regulation 635-200, stipulates Entry-level status (ELS) for RA Soldiers is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. The AMHRR indicates the applicant was notified of pending separation on 2 June 2015, giving the applicant 154 days of continuous active-duty service. Based on the notification of initiation of separation proceedings, the applicant was in an ELS status and the uncharacterized characterization of service was appropriate. 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. 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 diagnoses of Adjustment Disorder with Mixed Anxiety and Depressed Mood. Therefore, there was no mitigation based on applicant’s medical conditions. (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 information was placed in the separation paperwork which was invalid; the information was placed in the separation proceedings was in progress is not accurate. The separation paperwork states the applicant had an Adjustment Disorder with Mixed Anxiety and Depressed Mood. The applicant is not on any type of medication, nor was the applicant seeing a psychiatrist after the discharge. The Board considered this contention and determined the filed in applicant’s records show the applicant was diagnosed in April 2015 with an Adjustment Disorder with Mixed Anxiety and Depressed Mood which occurred during military service, and it was determined the discharge was appropriate. (2) The applicant contends being in the service for 180 days. The Board considered this contention and determined the applicant was notified of pending separation on 2 June 2015, giving the applicant 154 days of continuous active-duty service. Based on the notification of initiation of separation proceedings, the applicant was in an ELS status and the uncharacterized characterization of service is proper and equitable. (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. 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. Since the applicant was discharged for A Condition, Not a Disability due to applicant’s diagnoses of Adjustment Disorder with Mixed Anxiety and Depressed Mood, Uncharacterized is proper and equitable. 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 AR20210001917 1