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, the health issues the applicant was experiencing began when the applicant served in the Regular Army. Previously, the applicant served in the Georgia Army National Guard (GAARNG), which was not considered. The applicant received an honorable discharge from the GAARNG. The applicant requests an honorable discharge and reinstatement of VA benefits. The applicant's medical records were lost by the clinic at Fort Sam Houston. In a records review conducted on 23 June 2022, and by a 3-2 vote, the Board determined that the characterization of service was inequitable. The board determined that there was a nexus between the medical conditions diagnosed in service and the applicant's substandard performance, interpersonal difficulties, fearfulness/dread, high stress, poor coping, and emotional liability that led to applicant's discharge under chapter 5-17. The board determined that in accordance with AR 635-200 glossary and paragraph 3-7 that the applicant was in Entry Level Status and that an Uncharacterized Discharge was the proper discharge; however, the unusual circumstances of the applicant's prior service and both the Company and Battalion Commanders' recommending an honorable characterization of service warranted and upgrade to Honorable. Therefore, the Board granted relief in the form of an upgrade of the applicant's 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: Physical Condition, Not a Disability / AR 635-200, Paragraph 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 11 April 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 April 2003 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was diagnosed with Dysthymic Disorder and a Panic Disorder without Agoraphobia. (3) Recommended Characterization: Honorable / The intermediate commander concurred with the immediate commander and recommended an honorable discharge. (4) Legal Consultation Date: 8 April 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 April 2003 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 November 2002 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 2 years, 3 months, 22 days d. Prior Service / Characterizations: RA, 18 August 1998 - 20 October 1998 / UNC (Break in Service) ARNG, 23 February 2001 - 4 November 2002 / HD IADT, 23 July 2001 - 7 December 2001 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM / The applicant's AMHRR reflects award of the ASR, however, the award is not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Form, dated 14 March 2003, for psychological condition and possible separation. Memorandum, subject: Notification of Mental Health Evaluation and Patient Rights, dated 14 March 2003, reflects the applicant was notified by the commander the applicant was being referred for a mental health evaluation by the Community Behavioral Health Service (CBHS), to address the applicant's potential for future military service. Once the applicant was evaluated, the commander would make the final decision on whether or not to separate the applicant under Army Regulation 635-200, chapter 5-17. The commander further detailed the reasons for the referral, to include the applicant's multiple statements the applicant could not handle the stress of the training requirements. The applicant was notified of the rights. The applicant acknowledged the notification and waived the rights. Request for Mental Health Consultation, dated 14 March 2003, reflects the applicant was a concern to the unit because of: Chronic complaining; excessive desire to be discharged; awkward in carrying out duties; marital or family problems; and, difficulty in getting along with peers. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Memorandum, subject: Command Directed Mental Health Evaluation (CDMHE), dated 21 March 2003, reflects the applicant underwent a mental health evaluation on 21 March 2003. The provider indicates the applicant sought psychological/psychiatric assistance at CBHS since 11 December 2002. The applicant was evaluated and treated for over 20 outpatient sessions, by eight different mental health providers, which resulted in minimal improvement. The applicant's panic attacks and depression continued. The applicant was recycled three times and it was doubtful the applicant would be able to complete 91W training. The applicant was diagnosed with Dysthymic Disorder; Panic Disorder without Agoraphobia; Academic Problem; and, Occupational Problem. The provider recommended separation under paragraph 5-17. The applicant was mentally responsible, could distinguish right from wrong, and had the mental capacity to participate in the proceedings. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. (6) 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 a 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 AMHRR includes evidence the applicant, while in training status, was evaluated by competent medical authority and determined the applicant was diagnosed with Dysthymic Disorder; Panic Disorder without Agoraphobia; Academic Problem; and, Occupational Problem. It was determined these health conditions would prevent the applicant from completing training. The applicant contends health conditions affected behavior and ultimately led to the discharge. The AMHRR reflects the applicant underwent a mental health evaluation (MHE) on 21 March 2003, which indicates the applicant was mentally responsible, could distinguish right from wrong, and had the mental capacity to participate in the proceedings. The applicant was diagnosed with Dysthymic Disorder; Panic Disorder without Agoraphobia; Academic Problem; and, Occupational Problem. The provider recommended separation under AR 635-200, paragraph 5-17. The MHE was considered by the separation authority. The applicant contends the command did not consider the applicant's previous honorable service. The AMHRR reflects the applicant was a Regular Army Soldier in entry-level status due to a break in active military service of more than 92 days. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends that prior to enlistment into active duty, the applicant served honorably in the Georgia National Guard, which was not taken into account. Eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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's discharge was not based on misconduct. Rather, the applicant was discharge based on the applicant Panic Disorder without Agoraphobia and Dysthymia which the Command Directed Mental Health Evaluation dated 21 March 2003 concluded did not amount to a disability in accordance with AR 635-200, paragraph 5-14 (formerly 5-17). Therefore, the applicant's Panic Disorder without Agoraphobia and Dysthymia do not mitigate the applicant's discharge. (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 health conditions affected behavior and ultimately led to the discharge. The Board determined that this contention was valid and voted to upgrade the characterization of service due to Panic Disorder without Agoraphobia and Dysthymia mitigating the applicant's substandard performance, interpersonal difficulties, fearfulness/dread, high stress, poor coping, and emotional liability. (2) The applicant contends the command did not consider the applicant's previous honorable service. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's Panic Disorder without Agoraphobia and Dysthymia mitigating the applicant's substandard performance, interpersonal difficulties, fearfulness/dread, high stress, poor coping, and emotional liability. (3) The applicant contends an upgrade of the discharge would allow veterans benefits. The Board determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. c. The Board determined that the characterization of service was inequitable. The board determined that there was a nexus between the medical conditions diagnosed in service and the applicant's substandard performance, interpersonal difficulties, fearfulness/dread, high stress, poor coping, and emotional liability that led to applicant's discharge under chapter 5-17. The board determined that in accordance with AR 635-200 glossary and paragraph 3-7 that the applicant was in Entry Level Status and that an Uncharacterized Discharge was the proper discharge; however, the unusual circumstances of the applicant's prior service and both the Company and Battalion Commanders' recommending an honorable characterization of service warranted and upgrade to Honorable. Therefore, the Board granted relief in the form of an upgrade of the applicant's 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) The Board voted to change the applicant's characterization of service to Honorable because the applicant's Panic Disorder without Agoraphobia and Dysthymia outweighed the applicant's substandard performance, interpersonal difficulties, fearfulness/dread, high stress, poor coping, and emotional liability. Thus, the prior characterization is no longer appropriate. (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: 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 AR20210002810 1