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 honorable. The applicant requests a change in separation authority and narrative reason for separation. The applicant seeks relief contending, in effect, the separation authority and narrative reason for separation is inaccurate in light of diagnoses of adjustment disorder and PTSD. Prior to discharge the applicant was diagnosed with adjustment disorder with PTSD features, the applicant states after discharge the VA diagnosed PTSD and assigned an evaluation of 50 percent disabling. The applicant believes he should have received a medical retirement through the Medical Evaluation Board (MEB) with the narrative reason reflecting disability, but was wrongfully given a chapter instead. In a records review conducted on 17 March 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: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / Honorable b. Date of Discharge: 6 November 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 August 2010 (2) Basis for Separation: The applicant was informed of the following reasons: the applicant was diagnosed with an adjustment disorder with mixed anxiety and depressed mood. Additionally, the applicant was diagnosed with a personality disorder NOS (borderline, with antisocial features). (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 17 August 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 September 2010 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 December 2007 / 5 years b. Age at Enlistment / Education / GT Score: 26 years / GED / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91H10, Track Vehicle Repairer / 9 years, 4 months, 16 days d. Prior Service / Characterizations: RA, 21 June 2001 – 24 July 2003 / HD RA, 25 July 2003 – 13 December 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (4 April 2003 – 15 March 2004; 2 December 2005 – 4 November 2006; 1 May 2008 – 15 February 2009) f. Awards and Decorations: ARCOM-4, AAM, AGCM-3, NDSM, ICMCS-2, GWOTSM, ASR, OSR-2, VUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided the following: Chronological Record of Health Care, dated 19 April 2010, revealed the applicant’s diagnosis of adjustment disorder with anxiety and depression, chronic, partner relationship problems, and anxiety disorder NOS. There were further findings of, personality disorder, NOS with traits of narcissism and borderline personality features. Memorandum, Physical Evaluation Board, IPR, dated 10 June 2010, shows the applicant had an Axis I diagnosis of adjustment disorder with mixed anxiety and depressed mood, and Axis II, personality disorder NOS (borderline, antisocial features). Salina Regional Health Center, Discharge Summary, dated 5 August 2016, indicates the applicant had an Axis I, diagnosis of depression, not otherwise specified (NOS), anxiety disorder, NOS with PTSD features, Axis II, narcissistic traits, Axis IV, occupational and relationship issues and Axis V, Global Functioning at discharge, 48 to 50. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; Salina Regional Health Center, Discharge Summary; Physical Evaluation Board memorandum; chronological record of medical care. 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) Chapter 15 provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army’s best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary’s approved designee as announced in updated memoranda. Secretarial separation authority is normally exercised on a case-by-case basis. 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 a change in separation authority and narrative reason for separation. The applicant’s record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends he was diagnosed with adjustment disorder while in service, and diagnosed with service connected PTSD by the VA after discharge, and therefore, should not have been chaptered. Chronological Record of Health Care, dated 19 April 2010, revealed the applicant’s diagnosis of adjustment disorder with anxiety and depression, chronic. Salina Regional Health Center, Discharge Summary, dated 5 August 2016, indicates the applicant had an Axis I, diagnosis of depression, not otherwise specified (NOS), anxiety disorder, NOS with PTSD features, Axis II, narcissistic traits, Axis IV, occupational and relationship issues and Axis V, Global Functioning at discharge. The AMHRR is void of a mental status evaluation. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends he should have received a medical retirement through the MEB, instead of being chaptered. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant’s request for medical retirement 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. 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 (17 December 2009 version), with a general (under honorable conditions) 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. 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 record and determined the applicant was diagnosed in service with PTSD that could mitigate the basis for separation. (2) Did the condition exist or experience occur during military service? Yes. The Board’s Medical Advisor arrived at this finding based upon the applicant being diagnosed and service connected with PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's BH Advisor, after applying liberal consideration, found that applicant’s separation under AR 635-200 (17 December 2009 version), Chapter 5-17 was appropriate, and applicant’s PTSD and OBH conditions do not mitigate that basis for separation. While applicant had been diagnosed with PTSD, applicant underwent extensive evaluation to include neuropsychological testing and multi-week involvement in a day treatment program that both concluded that applicant did not have any unfitting psychiatric (IAW 635-200, paragraph 5-17.a(9),17 December 2009 version, “PTSD, TBI nor other comorbid mental illness was not a significant contributing factor to applicant’s mental health diagnosis”) conditions at the time of separation, therefore the applicant’s unmitigated physical or mental conditions at the time of discharge appropriately supported the applicant’s basis for separation. (4) Does the condition or experience outweigh the discharge? No. Despite the Board’s application of liberal consideration, the Board considered the opinion of the Board’s Medical Advisor, a voting member, that the available evidence did not support a conclusion that any of the applicant’s medical conditions outweighed the basis for applicant’s separation. b. Response to Contention(s): (1) The applicant contends he was diagnosed with adjustment disorder while in service, and diagnosed with service connected PTSD by the VA after discharge, and therefore, should not have been chaptered. The Board liberally considered this contention but determined that while applicant had been diagnosed with PTSD, applicant underwent extensive evaluation to include neuropsychological testing and multi-week involvement in a day treatment program that both concluded that applicant did not have any unfitting psychiatric (IAW 635-200, paragraph 5- 17.a(9),17 December 2009 version, “PTSD, TBI nor other comorbid mental illness was not a significant contributing factor to applicant’s mental health diagnosis”) conditions at the time of separation, therefore the applicant’s unmitigated physical or mental conditions at the time of discharge appropriately supported the applicant’s basis for separation. (2) The applicant contends he should have received a medical retirement through the MEB, instead of being chaptered. The Board liberally considered this contention but determined that applicant's DOD and VA health record and the MEB substantiated that the majority of applicant’s psychiatric symptoms and difficulty are from an Adjustment Disorder and the inability to tolerate stress which is demonstrated chronically. It is documented that applicant’s diagnosis of Adjustment Disorder with Anxiety and Depression, Chronic is a non-ratable condition. Applicant was found to have no ratable conditions and a 5-17 Chapter separation was recommended. (3) The applicant contends the narrative reason for the discharge needs changed. The Board considered this contention but noted that SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty, and administratively linked to the reason for separation. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DoD and the Military Services to assist in the collection and analysis of separation data. SPD Codes are controlled by OSD and then implemented in Army policy AR 635-5-1 to track types of separations. c. The Board determined 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 characterization of service due to it already being Honorable. (2) The Board voted not to change the applicant’s reason for discharge or accompanying SPD code 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 AR20210003086 1