1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 c. Counsel: 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, her narrative reason should be changed from condition, not disability to medical discharge. The applicant initially hurt her hip during PT. It hindered the quality of performance she normally gave and the ridicule from her peers caused depression. Applicant was diagnosed with a hip sprain and received pain medication, but her performance was still hindered. The applicant's depression continued to get worse and developed into a severe case of insomnia because she was still under performing. Due to this development, she was sent to Behavioral Health to recover. After leaving Behavioral Health, her performance or injury never improved. In a records review conducted on 11 February 2022, and by a 5 - 0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 22 October 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 October 2014 (2) Basis for Separation: The applicant was informed of the following reasons: the applicant was evaluated by Community Mental Health on 3 October 2014 and diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood. The applicant had been hospitalized at Southside Regional Medical Center from 27 August 2014 to 10 September 2014, for suicidal ideation, auditory hallucinations, and depressive symptomatology. Then she was hospitalized on 11 September 2014 to 26 September 2014, for an altered mental state and selective mutism. Due to the Soldier's current well-being, it was highly unlikely she would become a productive member of the United States Army. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 14 October 2014, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 October 2014 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 May 2014 / 3 years, 26 weeks b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 4 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 3 October 2014, 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: Adjustment Disorder with Mixed Anxiety & Depressed Mood (Acute; Likely Symptom Remission following Separation). Inpatient psychiatric care transpired at Southside Regional Medical Center in Petersburg, Virginia, from 27 August 2014 to 10 September 2014, secondary to purported suicidal ideation, auditory hallucinations, and depressive symptomatology and then from 1 September 2014 to 26 September 2014 for an altered mental state and selective mutism. Final diagnostic impression of the hospital treating clinicians is that of an Adjustment Disorder with Mixed Anxiety and Depressed Mood which is also the current treating diagnosis in this department. The hospital reported no indication of a psychotic process or more pervasive clinical syndrome. Concerns were noted that part of her presentation may be explained by psychogenic factors and cultural variables as the individual is of Nigerian descent. No history of psychological and/or psychiatric care prior to her enlistment. Based upon clinical interview, medical records review, and mental status examination, it is the professional conclusion of the undersigned that it is highly unlikely that this Service Member will become a productive member of the United States Army. It is clearly not in the best interest of the Army or the Soldier to retain her at this present time. The Soldier has no potential to meet mobilization requirements, clearly has no potential for useful service under conditions of full mobilization, and discharge from the Army under Chapter 11 is strongly recommend. Additionally, given the recent history of two psychiatric hospitalizations with one associated with possible suicidality, it is highly recommended that Command impose a RE-4 discharge code to preclude her from future military entry. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; Applicant statement; Maricopa Integrated health system records; Report of Medical History and PT Card. 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. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. (6) 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. (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) 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 5-17, 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 an upgrade to honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The evidence of record shows the applicant, while in training status, was evaluated by competent medical authority and determined the applicant was diagnosed with: Adjustment Disorder with Mixed Anxiety & Depressed Mood (Acute; Likely Symptom Remission following Separation). It was determined this diagnosis would prevent the applicant from completing training. The applicant contends the narrative reason for the discharge needs changed. The applicant was separated under the provisions of Chapter 5, paragraph 5-17, AR 635-200 with a 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 635-5, Separation 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 the narrative reason should reflect medical discharge. The applicant's requested change to the DD Form 214 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. The applicant contends she had initially hurt her hip during PT. It hindered the quality of performance she normally gave and the ridicule from her peers caused depression. The applicant was diagnosed with, Adjustment Disorder with Mixed Anxiety & Depressed Mood (Acute; Likely Symptom Remission following Separation). The record shows the applicant underwent a mental status evaluation (MSE) on 3 October 2014, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The MSE 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 and found that the applicant was diagnosed in service with Adjustment Disorder which could mitigate applicant's basis of separation. (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed in service with Adjustment Disorder. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor found the applicant was diagnosed in service with Adjustment Disorder and her discharge for a Condition, Not a Disability appears proper and equitable. However, given the revisions to AR 635-200 in June 2021, it is recommended that her Separation Authority be updated to paragraph 5-14, Other designated physical or mental conditions. (4) Does the condition or experience outweigh the discharge? No. Despite the ADRB's application of liberal consideration, the Board determined that the applicant's Condition, Not a Disability outweighed the applicant's Adjustment Disorder for the reasons listed in (3) above. However, due to the revisions to AR 635-200 in June 2021, the Board agreed to update applicant's Separation Authority to paragraph 5-14, Other designated physical or mental conditions. b. Response to Contentions: (1) . The applicant contends the narrative reason for the discharge needs to be changed. The Board determined that UNC is the proper characterization of service as the applicant's service was not long enough to be properly assessed. A general discharge (GD) under honorable conditions is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The uncharacterized description of service accurately reflects the applicant's overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It means the Soldier has not been in the Army long enough for a character of service to be rated as honorable or otherwise. (2) . The applicant contends she had initially hurt her hip during PT. It hindered the quality of performance she normally gave and the ridicule from her peers caused depression. The Board considered this contention during deliberation. The Board's Medical Advisor determined the applicant's early diagnosis of Adjustment Disorder warranted separation and the command was within its authority to separate the applicant per Army Regulations. (3) . The applicant contends narrative reason should reflect medical discharge. 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. 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 contentions 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 Adjustment Disorder did not mitigate the applicant's Condition, Not a Disability. 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 AR20210003154 1