1. Applicant's Name: a. Application Date: 13 August 2020 b. Date Received: 13 October 2020 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is honorable. The applicant requests a narrative reason change to something less derogatory, such as "Secretarial Authority," and Reentry Eligibility Code change from "3" to "1." The applicant through legal counsel seeks relief contending, in effect, that his narrative reason for separation of "Personality Disorder" and his Reentry Code of "3" is unfair, unjust and harshly stigmatizing considering he does not have a personality disorder or any mental health diagnosis. In a telephonic personal appearance hearing conducted on 20 September 2021, and by a 4-1 vote, based on the applicant's post-service accomplishments and a change to the regulation verbiage, the Board determined the narrative reason for the applicant's separation is now improper. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 5-17, the narrative reason for separation to Condition, Not a Disability, and the separation code to JFV. Please see Section 10 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: Personality Disorder / AR 635-200, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 2 May 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 April 2017 (2) Basis for Separation: The applicant was informed of the following reason: for being diagnosed as having Other Specified Personality Disorder (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 13 April 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 April 2017 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 September 2016 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 121 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 7 months, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Memorandum for Commander "Commander's Action Summary," dated 13 April 2017, makes reference to the applicant having been a recycle from Bravo and Echo company. The reason for both recycles were due to exceeding the maximum POI missed hours due to Behavioral Health appointments. During the 2nd weekend at Foxtrot Company, the applicant stated that he no longer wished to live because his girlfriend/fiancé had committed suicide. He was admitted to 6T. It turned out that the suicide story was not fact. He underwent a command directed behavioral health examination that found him to have a personality disorder. Counseling statement, dated 3 April 2017, reference separation for Chapter 5-13 or Chapter 5- 17. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 March 2017, which indicates the applicant was BH diagnosed with 301.89 Other Specified Personality Disorder. The applicant met the criteria for a Chapter 5-13 and met medical retention standards. It was noted the applicant was evaluated for PTSD, depression, substance misuse, and military sexual assault with negative results. The applicant produced a positive screen for TBI and reported this occurred prior to enlistment in the Army. It was recommended that the applicant be considered for administrative separation. The disorder was of sufficient severity to interfere with his ability to function in the military. The symptoms and behavior problems existed prior to enlistment and did not simply represent maladjustment to the military. The applicant was not amenable to BH treatment nor would respond to the Command efforts at rehabilitation. The applicant's medical record did not contain evidence of a documented change in diagnosis for board-able condition to non-board-able condition within the past 90 days. The medical record did not contain substantial evidence that the applicant met criteria for a board-able condition but had not received a diagnosis. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; behavioral health recommendation, flagging action; recommendation for separation, separation memorandum, medical record documents; letter from counselor; Representational Power-of-Attorney; and DD Form 214 for the period of service under review. 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), dated 25 September 2019, sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Service-member discharged from active military service within 15 years of the Service-member'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 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) Paragraph 5-13 in effect at the time, provided that a Soldier may be separated for a personality disorder, not amounting to disability, when the condition interfered with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform military duties. The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action and requires that the disorder is so severe that the Soldier's ability to function in the military environment is significantly impaired. Army policy requires the award of a fully honorable discharge in such case. (6) Paragraph 5-13h, stipulates a characterization of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under chapter 3, section II. Characterization of service under honorable conditions may be awarded to a Soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof. 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 "JFX" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-13, personality disorder. f. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFX" will be assigned an RE Code of "3." 8. DISCUSSION 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 narrative reason change to something less derogatory, such a "Secretarial Authority," and Reentry Eligibility Code change from "3" to "1." The applicant's AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. Evidence in the AMHRR confirms that separation action was initiated against the applicant as a result of him being diagnosed as having Other Specified Personality Disorder. The evidence of record shows the applicant was separated under the provisions of Chapter 5, paragraph 5-13, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder," and the separation code is "JFX." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that 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 appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant through legal counsel seeks relief contending that his narrative reason for separation of "Personality Disorder" and his Reentry Code of "3" is unfair, unjust and harshly stigmatizing considering he does not have a personality disorder or any mental health diagnosis. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): Applicant and counsel provided oral arguments in support of the contentions they provided in their written submissions and in support of their documentary evidence. c. Counsel / Witness(es) / Observer(s): 10. 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. As this discharge did not involve misconduct, Liberal Consideration does not apply to this case. (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. The applicant through legal counsel seeks relief contending that his narrative reason for separation of "Personality Disorder" and his Reentry Code of "3" is unfair, unjust and harshly stigmatizing considering he does not have a personality disorder or any mental health diagnosis. The Board considered this contention and determined that it was valid. The applicant's reason for separation, in light of the evidence available, warrants an upgrade. However, due to difficulty adapting to military service, the RE-code will remain an RE-3. The applicant is encouraged to contact a local recruiter to determine needs of the Army and possible waivable enlistment options. c. The Board, based on the applicant's post-service accomplishments and a change to the regulation verbiage, determined the narrative reason for the applicant's separation is now improper. The applicant has exhausted their appeal options available with ADRB. However, the applicant may still apply to the Army Board for Correction of Military Records. 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) No consideration was made to the characterization of service because it was already honorable. (2) The Board voted to change the reason for discharge to Condition, Not a Disability due to the evidence of record not supporting personality disorder, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JFV. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason / SPD Code to: Condition, Not a Disability / JFV d. Change RE Code to: No Change e. Change Authority to: AR 635-200, Chapter 5-17 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 AR20210006032 1