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, the applicant was discharged due to medical reasons (major depressive disorder and anxiety) which was later determined to be a service- connected disability. b. Board Type and Decision: In a records review conducted on 28 July 2022, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the circumstances surrounding the 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 / Uncharacterized b. Date of Discharge: 30 October 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 October 2009 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was diagnosed with a mental condition - Depressive Disorder. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 15 October 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 October 2009 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 August 2009 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 23 / High School Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 2 years, 6 months, 3 days d. Prior Service / Characterizations: ARNG, 27 April 2007 - 3 June 2007 / NIF IATD, 4 June 2007 - 25 October 2007 / UNC ARNG, 26 October 2007 - 26 August 2009 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant's Enlisted Record Brief (ERB), dated 14 September 2009, reflects the applicant was flagged for Involuntary Separation or Discharge (Field Initiated) (BA), effective 8 September 2009. Orders 300-0507, dated 27 October 2009, reflect the applicant was to be reassigned to the U.S. Army Transition Point and discharged on 30 October 2009 from the Regular Army. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of health record, dated 24 September 2007, which reflects the applicant was diagnosed with Generalized Anxiety Disorder. Report of Mental Health Evaluation, dated 15 September 2009, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Depressive Disorder NOS. Report of Medical Examination, dated 21 September 2009, the examining medical physician noted in the comments section: Depression. The applicant provided a copy of VA Rating Decision, dated 29 October 2012, which reflects the applicant was rated 30 percent service-connection for depressive disorder not otherwise specified also claimed as anxiety. The applicant provided a copy of VA Rating Decision, dated 28 September 2018, which reflects the applicant was granted 50 percent for persistent depressive disorder with anxious distress, with intermitted major depressive episodes, with current episode, moderate (previously rated as unspecified depression with anxious distress and depressive disorder, not otherwise specified). Pathway Healthcare letter, dated 23 March 2020, reflects the applicant has been under care since 22 January 2020 and attends regular counseling appointments. The current diagnosis was severe episode of recurrent major depressive disorder, without psychotic features, PTSD (chronic), and generalized anxiety disorder. The applicant provided a copy of VA Rating Decision, dated 18 June 2020, which reflects the applicant's evaluation of persistent depressive disorder with anxious distress, with intermittent major depressive episode, with current episode, moderate to severe, which was currently 50 percent disabling was increased to 70 percent effective 3 December 2019. 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 149; three VA Rating Decision Letters, VA Summary of Benefits Letter; ARBA letter; two DD Forms 214; separation documents; Pathway Healthcare letter; 14 certificates; Health Record; VA Performance Transcript. 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) Paragraph 3-9a discusses entry level status separation. A separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when: Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. DCS, G - 1, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority (5) Chapter 5 provides for the basic separation of enlisted personnel for the convenience of the government. (6) 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. (7) 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. (8) 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 record of service, the issues and documents submitted with the application were carefully reviewed. The 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 Depressive Disorder NOS. It was determined it is highly unlikely the applicant would respond to command efforts at rehabilitation or to any behavioral health treatment methods available in any military behavioral health facility. 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 uncharacterized 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 diagnosed with major depressive disorder and anxiety by the VA. The applicant provided several medical documents indicating a diagnosis of persistent depressive disorder with anxious distress, with intermittent major depressive episode, with current episode, moderate to severe. The AMHRR shows the applicant underwent a Mental Health Evaluation, dated 15 September 2009, which reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Depressive Disorder NOS. The Mental Health Evaluation was considered by the separation authority. 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: Generalized Anxiety Disorder and Adjustment Disorder with Anxiety and Depressed Mood from military-medical documents and a Service-Connected Disability of 70% for Dysthymic Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the active duty records clearly indicate diagnoses of Generalized Anxiety Disorder and an Adjustment Disorder. VA records indicated a 70 SC Disability for Dysthymic Disorder. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined there is an association between Dysthymic Disorder, Adjustment Disorder with Anxiety and Depressed Mood and Generalized Anxiety Disorder and occupational functioning, there is a nexus between applicant's symptoms and substandard work performance and inadequate coping with the stressors of military life. (4) Does the condition or experience outweigh the discharge? No. The Board concurred with the opinion of the Board's Medical Advisor, a voting member that the applicant's Dysthymic Disorder, Adjustment Disorder with Anxiety and Depressed Mood and Generalized Anxiety Disorder would mitigate misconduct associated with the discharge; the discharge was not misconduct bases, but was based on the existence of the Depressed Mood condition. As a result, the ADRB applied liberal consideration and found that the applicant's Dysthymic Disorder, Adjustment Disorder with Anxiety and Depressed Mood and Generalized Anxiety Disorder did not outweigh the discharge. b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge requires a change. The Board considered this contention and determined the narrative reason is appropriate as the applicant was discharged for a condition, not a disability, depressive disorder. The Board voted a change to the narrative reason is not warranted as a condition not a disability was the reason for the discharge. (2) The applicant contends being diagnosed with major depressive disorder and anxiety by the VA. The Board determined that this contention was valid and voted to upgrade the characterization of service due to an association between Dysthymic Disorder, Adjustment Disorder with Anxiety and Depressed Mood and Generalized Anxiety Disorder and occupational functioning. c. The Board determined that the characterization of service was inequitable based on the circumstances surrounding the discharge (OBHI diagnoses). 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. d. Rationale for Decision: (1) Elimination was initiated while the applicant was in an entry level status. This action traditionally requires an Uncharacterized discharge. The applicant was separated under AR635-200, Chapter 5, at the convenience of the government. An honorable characterization is authorized under unusual circumstances. The applicant previously completed BCT and served over two years in the National Guard honorably prior to enlisting in the Active Duty Army, and subsequently discharged after two months in that position (in an entry level status). This qualifies as an unusual circumstance of an entry level status for the applicant, even though she had already served for two years as a National Guard Soldier. (2) Because the discharge was a result of a Behavioral Health condition and not related to misconduct, an Honorable Discharge is appropriate as the applicant previously demonstrated Honorable service, and an Uncharacterized discharge is inequitable due to an unmerited stigma to the applicant' overall military service. (3) 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. (4) The Board voted not to change the RE code due to applicant's service limiting Dysthymic Disorder, Adjustment Disorder with Anxiety and Depressed Mood and Generalized Anxiety Disorder. 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 AR20210002686 1