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 honorable. The applicant, through counsel, requests to change the narrative reason and separation code. The applicant seeks relief contending, in effect, after completing initial entry training the applicant was assigned to Schofield Barracks, HI. The applicant began to struggle with the Army Physical Test and was referred for evaluation by medical personnel and diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood. The applicant's chain of command initiated administrative separation proceedings. The brigade commander, Colonel (COL) B.E. erred in discretion by discharging the applicant with a general (under honorable conditions). The applicant served as an honorable Soldier, but the continuous harassment by a noncommissioned officer led to the applicant's downfall and the applicant was mentally incapable to endure the harassment. The company commander understood the applicant's dedication and recommended an honorable, which was supported by the judge advocate, COL B.E. ignored the recommendations for no reason, a prima facie example of an error in discretion which prejudiced the applicant. The discharge was inequitable because the policies in procedures under which the applicant was discharged differ in material aspects from those currently applicable on a service-wide basis. Although, the applicant was unduly stigmatized and prejudiced as a result of his discharge from the Army, the applicant thrived in the civilian world, transitioning from a laborer in construction, a truck driver, to a detective in law enforcement, receiving numerous awards. Character statements from individuals who worked closely with the applicant in law enforcement will attest to the applicant's demeanor, dedication, professionalism, and integrity, as well as an NCO from the Army. The applicant requests an upgrade and change in narrative reason and separation code. The applicant further details the contentions in an allied self-authored statement provided with the application, to include the contention of being informed the discharge would be automatically upgraded within six months. In a records review conducted on 21 April 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, Paragraph 5-17 / JFV / RE-3 / Honorable b. Date of Discharge: 11 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood, making it difficult for the applicant to overcome emotional distress related to service and to fulfill worldwide duties as a Soldier. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 November 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 March 2013 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 9 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided, Memorandum of Notification, subject: Separation Under AR 635-200, Chapter 5-17, Other Designated Physical or Mental Conditions [Applicant], undated, reflecting the basis for the separation was the applicant was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; legal brief; self-authored statement; memorandum of notification of separation; memorandum legal review; memorandum approving separation; Enlisted Record Brief; applicant's résumé; various civilian awards; nine third party statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends thriving in the civilian sector, transitioning from a laborer in construction, truck driver, to a detective in law enforcement, receiving numerous awards. 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. 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 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 to change the narrative reason and the separation code. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant provided a memorandum of notification reflecting the applicant was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood, making it difficult for the applicant to overcome emotional distress related to service and to fulfill worldwide duties as a Soldier. 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 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. The applicant contends the SPD code should be changed. SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. 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. The SPD code specified by Army Regulations at the time, for a discharge under Chapter 5, paragraph 5-17, is "JFV." The applicant contends a diagnosis of Adjustment Disorder with Mixed Anxiety and Depressed Mood, affected behavior and led to the discharge. The applicant provided separation documents revealing the basis for separation was due to a diagnosis of Adjustment Disorder with Mixed Anxiety and Depressed Mood. The record is void of a mental status evaluation. The applicant contends continuous harassment by a noncommissioned officer led to the applicant's downfall. There is no evidence in the AMHRR the applicant sought assistance or reported the harassment. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends good service. The Board considered the third party statement provided with the application, the service accomplishments, and the quality of service. The applicant's issue about an upgrade based on the passage of time was carefully considered. The U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both were improper or inequitable. The applicant contends the discharge was inequitable because the policies in procedures under which the applicant was discharged differ in material aspects from those currently applicable on a service-wide basis. Applicable regulations state each case must be decided on an individual basis, considering the unique facts and circumstances of the particular case. The applicant contends thriving in the civilian sector, transitioning from a laborer in construction, a truck driver, to a detective in law enforcement, receiving numerous awards. The third party statements provided with the application speak highly of the applicant. They all recognize the applicant's good conduct after leaving the Army. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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's discharge characterization is already honorable. (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 Contentions: (1) The applicant contends the narrative reason for the discharge needs to be changed. The Board considered this contention, but found the applicant's discharge narrative reason was both proper and equitable. (2) The applicant contends the SPD code should be changed. The Board considered this contention, but found the applicant's discharge SPD code was both proper and equitable. 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. (3) The applicant contends a diagnosis of Adjustment Disorder with Mixed Anxiety and Depressed Mood, affected behavior and led to the discharge. The Board liberally considered this contention, but found the Board's Medical Advisor confirmed the applicant was diagnosed in service with an Adjustment Disorder, Depression, and Anxiety that the BH condition itself was the basis for separation. (4) The applicant contends continuous harassment by a noncommissioned officer led to the applicant's downfall. The Board considered this contention but found the weight of the evidence, including that found in the AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command that warrants any further change to applicant's discharge. (5) The applicant contends good service. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during Board proceedings. (6) The applicant contends the discharge was inequitable because the policies and procedures under which the applicant was discharged differ in material aspects from those currently applicable on a service-wide basis. The Board considered this contention but noted that no change was warranted to applicant's discharge based on applicable statutes and regulations.. (7) The applicant contends thriving in the civilian sector, transitioning from a laborer in construction, truck driver, to a detective in law enforcement, receiving numerous awards. The ADRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge must be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. In this case, the Board reviewed the submitted evidence and determined that the passage of time and post-service accomplishments do not warrant any change to the narrative reason or SPD code. 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 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 as the reason the applicant was discharged was both proper and equitable as the applicant was diagnosed with a disqualifying Condition. (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 AR20210003384 1