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, honorable service while on active duty and was injured, receiving a traumatic brain injury (TBI). The injury affected the applicant's physical, cognitive, and behavioral capacity. The applicant completed every graduation requirement, but was processed for discharge one day before graduation. The applicant desires to work for the government, but with the discharge narrative, it is affecting the good name and people believe the applicant is incompetent. The applicant will wait no matter how long it takes to receive the privilege of receiving a status change. In a records review conducted on 25 January 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 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 26 February 2018 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 29 November 2017 (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 reported a history of severe depression and anxiety. The applicant was born in Albuquerque, New Mexico and when his father left the home when he was five years old, his mother moved to Juarez, Mexico. The applicant described being exposed to violence. After the applicant's mother was shot, when he was eight years old, the applicant returned to New Mexico to live with his aunt and attend school. At age 16, the applicant dropped out of school, reporting it was due to bullying but he isolated himself; did not want to talk to anyone; and was fearful someone was out to get him. He later moved to El Paso, TX, to live with his sister and complete high school, but obtained his GED. He arrived at Fort Leonard Wood on 5 September 2017. The applicant was doing okay in training until he sustained a concussion with no loss of consciousness, receiving stiches after running with his weapon, falling, and his mouth being struck with the butt of his weapon. On 10 November 2017, the applicant went to sick call reporting feelings of anxiety and depression. The applicant underwent a mental status evaluation and was diagnosed with: Persistent Depressive Disorder; Adjustment Disorder with mixed anxiety and depressed mood. (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 5 February 2018 (4) Separation Decision Date / Characterization: 22 February 2018 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 September 2017 / 21 weeks or until complete b. Age at Enlistment / Education / GT Score: 20 / GED / 94 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 9 months, 12 days d. Prior Service / Characterizations: USAR, 15 May 2017 - 26 February 2018 / UNC (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: U.S. Army Trial Defense Service, Fort Leonard Wood, MO, Memorandum for Record, dated 15 February 2018, reflects the applicant waived his right to consult with an attorney. Two Developmental Counseling Forms, in regards to his medical condition and recommendation for 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, dated 30 January 2018, reflects the applicant was diagnosed with: Adjustment Disorder with mixed anxiety and depression; Unspecified Trauma and Stressor Related Disorder. The applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. Considering the "Condition Existing Prior to Service," it was recommended the Servicemember be expeditiously separated from active duty in accordance with AR 635-200, Chapter 5-11. 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) 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 3-9 states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. (5) Chapter 5 provides for the basic separation of enlisted personnel for the convenience of the government. (6) 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. (7) Paragraph 5-11 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. (8) 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. (9) Glossary prescribes for ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). (Soldiers completing Phase I BT or basic combat training remain in entry-level status until 90 days after beginning Phase II.) 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 "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 a 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, 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 suffering from a TBI, which led to the discharge. The applicant's AMHRR reflects the applicant reported an injury from training, but the record contains no documentation of a TBI diagnosis. The applicant underwent two mental status evaluations (MSEs), reflecting the conditions: Persistent Depressive Disorder; Unspecified Anxiety Disorder; Adjustment Disorder with mixed anxiety and depressed mood; and, Unspecified Trauma and Stressor Related Disorder, existed prior to service. The applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. Considering the "Condition Existing Prior to Service," it was recommended the Servicemember be expeditiously separated from active duty in accordance with AR 635-200, Chapter 5-11. The applicant contends serving honorably while on active duty. The applicant contends the narrative reason affects opportunities for employment. 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 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 after applying liberal consideration found in-service BH diagnoses of Adjustment Disorder, Anxiety Disorder, and Dysthymic Disorder that cannot excuse or mitigate the basis for separation as these BH conditions existed prior to service, were not exacerbated during the training period, and were in fact the basis for applicant's failure to meet medical procurement standards. (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 and impact opportunities for employment. The Board does not grant relief to gain employment or enhance employment opportunities. (2) The applicant contends suffering from a TBI, which led to the discharge. The Board liberally considered applicant's contention, but determined that the evidence did not support a conclusion that applicant's TBI was the reason for applicant's discharge. After applying liberal consideration to all the evidence, including the applicant's DOD and VA health records along with applicant's contention, the Board concluded that the applicant's BH diagnoses of Adjustment Disorder, Anxiety Disorder, and Dysthymic Disorder, directly lead to the applicant's discharge for failing to meet medical procurement standards because of those BH conditions that existed prior to service, and if these conditions had been revealed by applicant during the time of applicant's application for military service would have prevented applicant from proceeding past that initial application stage. (3) The applicant contends good service. The Board determined that UNC is the proper characterization of service as the applicant's service was not long enough to be properly assessed. 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. 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 applicant's characterization of service because there were no mitigating factors for the Board to consider, as the applicant was discharged for failing to meet medical procurement standards due to Adjustment Disorder, Anxiety Disorder, and Dysthymic Disorder diagnoses of conditions that existed prior to military service, and leave Uncharacterized as 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 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 AR20210003240 1