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: 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, when the applicant enlisted, the recruiter told the applicant to hide applicant's history of depression and anxiety, and the recruiter would put that information in applicant's file and recruiter would handle any issues regarding that plan of action. The applicant states the applicant injured both knees during Basic Training (BT). The applicant states the applicant became anxious and depressed while injured instead of continuing applicant's BT. The applicant states the applicant did see a mental health provider while injured; however, the mental health provider did not seem to understand the applicant's distress and only gave the applicant medication. The applicant states the applicant was pressured by leadership to agree to a discharge in part based on a false claim that applicant's medical issues existed prior to service. The applicant states the applicant's reason for the separation should have been medical disabilities incurred in service. The applicant states the applicant is now compensated by the Veterans Affairs (VA) for directly service-connected injuries and illness. In a records review conducted on 14 July 2022, 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: Failed Medical/Physical/Procurement Standards / AR 635-200, Paragraph 5-11 (rev 6 Jun 2005)/ JFW / RE-3 / Uncharacterized b. Date of Discharge: 5 July 2006 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 12 June 2006 (2) EPSBD Findings: The findings of the evaluating physicians indicate the applicant was medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. The applicant was diagnosed with: Depressive Disorder NOS; and Bilateral Tibial Stress Fractures. (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 22 June 2006 (4) Separation Decision Date / Characterization: 27 June 2006 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 May 2006 / 4 years b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 month, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: The applicant's AMHRR reflects award of the NDSM, however, the award is not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: EPSBD findings as described in previous paragraph 3c. Three Developmental Counseling Forms, for initial counseling Basic Training (BT) and recommendation for Chapter 5-11 separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: EPSBD findings as described in previous paragraph 3c. Report of Mental Status Evaluation (MSE), dated 16 June 2006, 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, and NOS. Physical Profile reflects the applicant had the following medical conditions: Depression and Anxiety Disorder. The applicant provided a copy of a VA disability rating decision, dated 9 November 2015, reflecting the applicant was rated 50 percent disability for persistent depressive disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Enlisted Record Brief; case separation packet; medical records; copies of military personnel records; VA Rating Decision. 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 that 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. (6) Paragraph 5-10 (paragraph 5-11 in AR 635-200 version 6 Jun 2005), specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, or active duty training, or initial entry training, will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of AR 40-501, Chapter 3. (7) Glossary prescribes 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), in effect at the time, provided 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 "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-11, Failed Medical/ Physical/ Procurement Standards. 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 an upgrade to honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The proceedings of the EPSBD revealed the applicant had a medical condition, which was disqualifying for enlistment and existed prior to entry on active duty. These findings were approved by competent medical authority and the applicant agreed with the findings and proposed action for administrative separation from the Army. The applicant contends the narrative reason for the discharge needs changed. The applicant was separated under the provisions of Chapter 5-11, AR 635-200 (rev 6 Jun 2005), with an Uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Failed Medical/Physical/Procurement Standards," and the separation code is "JFW." 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 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 pressured by leadership to agree that the medical issues existed prior to service. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends being anxious and depressed resulting from injuries while on active duty and believes the discharge should be for medical reasons. The AMHRR shows the applicant underwent an MSE on 16 June 2006, which indicates the applicant was mentally responsible and recognized right from wrong. The applicant was diagnosed with: Depressive Disorder, and NOS. The MSE was considered by the separation authority. The applicant provided several medical documents indicating a diagnosis of persistent depressive disorder, and prescribed medication with a persistent depressive disorder by the VA. The applicant was separated under the provisions of Chapter 5-11, AR 635-200 (rev 6 Jun 2005), Failed Medical/Physical/Procurement Standards. The applicant agreed with the findings of the EPSBD and proposed action for administrative separation from the Army. 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? N/A. The applicant was not discharged for misconduct, rather, the discharge was based on applicant's failure to meet the Army's medical/physical procurement standards for medical retention during their entry-level status, so there is no misconduct to which the ADRB can apply liberal consideration to excuse or mitigate. (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 determined that the applicant's Depressive Disorder existed prior to service and failed medical procurements standards as determined by an Entrance Physical Standards Board, and that despite the applicant's Adjustment Disorder and Dysthymic Disorder, the discharge, including narrative reason, under the provisions of Chapter 5-11, AR 635-200 (rev 6 Jun 2005) was proper and equitable. (2) The applicant contends being pressured by leadership to agree that the medical issues preexisted to service. The Board considered this contention, but determined that the Army has many legitimate avenues available to service members requesting assistance with improper command influence, and the weight of the evidence did not support a conclusion that such assistance was pursued by applicant or denied by command. The Board concluded that the applicant's Depressive Disorder did in fact exist prior to military service, and did not meet medical procurement standards as determined by an Entrance Physical Standards Board in accordance with Chapter 5-11, AR 635-200 (rev 6 Jun 2005). (3) The applicant contends being anxious and depressed resulting from injuries while on active duty and believes the discharge should be for medical reasons. The Board liberally considered this contention, but determined that the applicant's Depressive Disorder existed prior to military service, and did not meet medical procurement standards as determined by an Entrance Physical Standards Board, therefore, the discharge under the provisions of Chapter 5- 11, AR 635-200 (rev 6 Jun 2005) was proper and equitable. Further, while the VA has diagnosed the applicant with service-connected Dysthymic Disorder, that VA finding does not negate the appropriateness of the applicant's military discharge for failing medical procurement standards. 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 voted not to change the applicant's characterization of service because, despite applying liberal consideration, the applicant's Depressive Disorder existed prior to service and failed medical procurement standards as determined by an Entrance Physical Standards Board in accordance with Chapter 5-11, AR 635-200 (rev 6 Jun 2005), and the uncharacterized discharge was both 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 AR20210002712 1