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 medical staff at LRMC Lundsthul Germany reported the applicant was suffering from Single Event Based PTSD. The same staff was unaware of an existing Traumatic Brain Injury as a result from the IED ambush on 4 June 2004, in which the applicant received a belated Purple Heart in 2008. While in Lundsthul, the applicant was informed the applicant had a choice to make. The applicant could undergo a Medical Evaluation Board or pursue a Department of Veterans Affairs claim. The applicant could not do both at the time. The applicant chose to use the Department of Veterans Affair program entitled benefits at the date of discharge. Subsequently, the records in transition from Europe to the United States were lost. The applicant was also not present to sign the DD Form 214. b. Board Type and Decision: In a records review conducted on 26 January 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: 8 March 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 January 2007 (2) Basis for Separation: The applicant was informed of the following reasons: In August 2006, while deployed, the applicant informed the chain of command the applicant was having problems and requested to see mental health. On 11 November 2007, after being sent back to Baumholder from Iraq, Dr. C., a staff psychiatrist at LRMC, diagnosed the applicant with Major Depressive Disorder and Post-Traumatic Stress Disorder (Related to Military Service) which manifests disturbances of emotional control; sufficiently severe and significantly impairs the applicant’s ability to effectively perform military duties. As of 29 November 2006, the applicant failed to overcome these deficiencies. The applicant had trouble concentrating on extremely low level taskings and was unable to focus or follow simple instructions. The medication the applicant takes prevents the applicant from performing any 24 hour charge of quarters or late night courtesy patrol duties. The applicant’s inability to carry or handle a weapon potential impacts the applicant’s ability to be an effective Solder, and potentially interferes with assignment to future duties to include deployment. It is clear further treatment would likely fail to improve the applicant’s performance. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 24 January 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 February 2007 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 August 2005 / 2 years b. Age at Enlistment / Education / GT Score: 24 / High School Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D20, Calvary Scout / 4 years, 9 months, 24 days d. Prior Service / Characterizations: RA, 15 May 2002 – 30 August 2005 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (27 April 2003 – 6 July 2004; 7 August 2006 – 1 September 2006); Kuwait (13 November 2005 – 6 August 2006) f. Awards and Decorations: ARCOM-2, AGCM, NDSM, GWOTEM, GWOTSM, ICM, NCOPDR, ASR, OSR-2 g. Performance Ratings: June 2005 – December 2005 / Fully Capable 1 January 2006 – 30 September 2006 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Four Developmental Counseling Forms, for being recommended for separation under Chapter 5-17 and PTSD issues. The applicant’s Enlisted Record Brief (ERB), dated 2 March 2007, reflects the applicant was flagged for Involuntary Separation or Discharge (Field Initiated) (BA) effective 1 January 2007, and was ineligible for reenlistment due to pending MEB/PEB (9H). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Discharge Summary, dated 11 November 2006, reflects a principal diagnosis: Major Depressive Disorder, Severe and Post-Traumatic Stress Disorder, related to combat experience. Report of Mental Status Evaluation, dated 11 November 2006, reflects the applicant was diagnosed with Major Depressive Disorder, Severe, Single Episode; Post-Traumatic Stress Disorder (Related to Military Service). 5. APPLICANT-PROVIDED EVIDENCE: Online application and VA Medical Records 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 waiverable and nonwaiverable 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 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 narrative reason change. The applicant’s record of service, the issues and documents submitted with the application were carefully reviewed. 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 they should have been referred to a Medical Evaluation Board prior to being discharged. The applicant’s Army Military Human Resource Record (AMHRR) does not contain any indication or evidence of arbitrary or capricious actions by the command. 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? 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: PTSD, Major Depressive Disorder, Adjustment Disorder, Post-Concussion Syndrome, Social Phobia, TBI. (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 Major Depressive Disorder, combat-related PTSD, an Adjustment Disorder, Post-Concussion Syndrome, and Social Phobia. The VA has service connected the applicant’s PTSD and diagnosed a history of TBI. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that the applicant was diagnosed in service with Major Depressive Disorder, combat-related PTSD, an Adjustment Disorder, Post-Concussion Syndrome, and Social Phobia. The VA has service connected the applicant’s PTSD and diagnosed a history of TBI. While there is evidence of multiple mitigating BH conditions, applicant already has an HD and the discharge for a Condition, Not a Disability appears appropriate. It is documented that none of the BH conditions fell below retention standards, and that applicant was appropriate for an administrative separation. (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, as well as the Board Medical Advisor Opine, and determined that the applicant’s discharge for Condition not a Disability was proper and equitable given the presence of service limiting BH conditions. (2) The applicant contends they should have been referred to a Medical Evaluation Board prior to being discharged. 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 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 voted not to change the characterization of service due to it already being Honorable. (2) The Board voted not to change the applicant’s narrative reason for discharge or accompanying SPD code as the reason the applicant was discharged was both proper and equitable, based on medical advisor opine. (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 AR20210002274 1