1. Applicant’s Name: a. Application Date: 20 April 2022 b. Date Received: 3 May 2023 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant’s Requests and Issues: The current characterization of service for the period under review is uncharacterized. The applicant through representative, requests an upgrade to honorable and changes to the SPD code and narrative reason. b. The applicant through representative, seeks relief contending, in effect, the applicant was diagnosed with Asperger’s years prior to service. The narrative reason per paragraph 5-11, Failed Medical/Physical/Procurement Standards was used as the reasoning for release; however, paragraph 5-11 is regarding flight status, and the applicant was infantry, with no need to qualify for flight status. Paragraph 5-14, Other designated physical or mental conditions, may be considered to be more accurate, but there was no reason for the command to suspect any mental health issues with the applicant, and the applicant was never offered a mental health examination or other medical examination before being released. This is a direct disregard of paragraph 5-14a (7) Personality disorder. The applicant’s chain of command did not meet the conditions in AR 635-200, paragraph 5-14b, according to the applicant and supported by the incorrect narrative and SPD code on the DD Form 214. c. Board Type and Decision: In a records review conducted on 6 December 2023, 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: 9 September 2021 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: NIF (2) EPSBD Findings: NIF (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: NIF (4) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 March 2021 / 3 years and 24 weeks b. Age at Enlistment / Education / GT Score: 19 / High School Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 6 months and 1 day 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: (1) Accessions Medical History Report, 4 July 2019, the examining medical physician noted in the comments section: Glasses. (2) Accessions Medical History Report, 12 May 2020, the examining medical physician noted in the comments section: Glasses. (3) Orders 245-2225, dated 2 September 2021, shows the applicant was to be reassigned to the U.S. Army Transition Point and discharged on 9 September 2021 from the Regular Army. (4) The applicant’s DD Form 214, shows the applicant had not completed the first full term of service. The applicant was discharged under the authority of AR 635-200, paragraph 5- 11, with a narrative reason of Failed Medical/Physical/Procurement Standards. The DD Form 214 was not authenticated with the applicant’s electronic signature. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 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 5-10 (previously paragraph 5-11), separation of personnel who did not meet procurement medical fitness standards, 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 (ADT) for initial entry training (IET) may be separated. Such conditions must be discovered during the first 6 months of active duty. This board, which must be convened within the Soldier’s first 6 months of active duty, takes the place of the notification procedure required for separation under this chapter (see para 2-2). A medical proceeding must establish that a medical condition was identified by an appropriate military medical authority within 180 days of the Soldier’s initial entrance on active duty for regular Army or during ADT for IET for Army National Guard and U.S. Army Reserve that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service or entry on active duty or ADT for IET 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. (8) Paragraph 5-14, Other designated physical or mental conditions, 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. (a) Paragraph 5-14a (7), Personality disorder. A personality disorder is an enduring pattern of inner experience and behavior that deviates markedly from cultural expectations, is pervasive and inflexible, is stable over time and leads to clinically significant distress or impairment in functioning. The onset of personality disorder typically occurs in adolescence or early adulthood and may manifest as an inability to adapt to the military environment as opposed to an inability to perform the requirements of specific jobs or tasks (though both may be present in some cases). Observed behavior of specific conditions should be documented in appropriate counseling or personnel records, and should establish that the behavior is persistent, interferes with assignment to or performance of duty, and has continued after the Soldier was counseled and afforded an opportunity to overcome the mental condition. (b) Paragraph 5-14b, when a commander is concerned that a Soldier may have a physical or mental condition that interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation in accordance with DoDI 1332.14 and DoDI 6490.04. Mental status evaluations are only required for separation on the basis of mental disorders (not physical conditions), including personality disorders, not amounting to a disability. (c) Paragraph 5-14j, separation processing may not be initiated under this paragraph until the Soldier has been counseled formally, in writing, concerning deficiencies and has been afforded ample opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records (see paragraph 1-17). The Soldier will also be counseled, in writing, that the condition does not qualify as a disability. Additionally, applicable counseling statements that support separation will be included as part of the separation action and will be uploaded by the TC into IPERMS prior to the administrative separation of the Soldier. (d) Paragraph 5-14k, when it has been determined that separation under this paragraph is appropriate, the unit commander will take the actions specified in the notification procedure in this regulation under chapter 2, section I; or the administrative board procedure in chapter 2, section II, as applicable. (9) 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. (10) 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 (SPD Codes), in effect at the time, provided 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: (1) RE-1 Applies to: Person completing his or her term of active service who is considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all other criteria are met. (2) 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. (3) RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. a. The applicant through representative, requests an upgrade to honorable and changes to the SPD and narrative reason. The applicant’s AMHRR, the issues, and documents submitted with the application were carefully reviewed. b. The applicant’s AMHRR is void of EPSBD proceedings, specific facts and circumstances concerning the events which led to the discharge from the Army. The applicant’s AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s electronic signature. The applicant’s DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-11, by reason of Failed Medical/Physical/Procurement Standards, with a characterization of service of uncharacterized. c. The applicant through representative, requests the narrative reason for the discharge to be changed. The applicant was separated under the provisions, at the time, 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, SPD Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. d. The applicant through representative, requests the SPD code to be changed. The 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. The 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 in effect at the time for a discharge under Chapter 5, paragraph 5-11, is “JFW.” e. The applicant through representative, contends, in effect, the applicant was diagnosed with Asperger’s years prior to service. The Command Management Division representative mailed the applicant at the address in the application on 21 December 2022 requesting medical documentation to support the applicant’s mental health conditions. In addition, on 7 December 2022, a copy of the applicant’s separation files was requested, however there has been no response from the applicant or representative. f. The applicant through representative, contends, in effect, the narrative reason per paragraph 5-11 (currently paragraph 5-10), Failed Medical/Physical/Procurement Standards was used as the reasoning for release, however paragraph 5-11 (currently paragraph 5-10) is regarding flight status, and the applicant was infantry, with no need to qualify for flight status. Analyst notes the current paragraph 5-11, Discharge for failure after enlistment to qualify medically for flight training, pertains to flight status. Paragraph 5-10 (previously paragraph 5-11), Separation of personnel who did not meet procurement medical fitness standards, 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 ADT for IET may be separated. The applicant’s AMHRR contains DA Form 3286 (Statement for Enlistment U.S. Army Enlistment Program, Annex B), that shows the applicant enlisted as an 11X Infantry Recruit. The applicant’s DD Form 214 shows the applicant did not obtain the infantry military occupational specialty. g. The applicant through representative, contends, in effect, paragraph 5-14, Other designated physical or mental conditions, may be considered to be more accurate, but there was no reason for the command to suspect any mental health issues with the applicant, the applicant was never offered a mental health examination or other medical examination before being released. This is a direct disregard of paragraph 5-14a (7) Personality disorder. The applicant’s chain of command did not meet the conditions in AR 635-200, paragraph 5-14b, according to the applicant and supported by the incorrect narrative and separation code on the DD Form 214. Analyst notes, as stated by the representative, “there was no reason for command to suspect any mental health issues with the veteran,…” The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. h. Published Department of Defense guidance indicates that the guidance is not intended to interfere or impede on the Board’s statutory independence. The Board will determine the relative weight of the action that led to the discharge and whether it supports relief or not. In reaching its determination, the Board shall consider the applicant’s petition, available records and/or submitted documents in support of the petition. 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, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses: applicant was diagnosed in- service with an Adjustment Disorder with pre-enlistment Autism and Depression. (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed in-service with an Adjustment Disorder with pre-enlistment Autism and Depression. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that the discharge was proper and equitable with no impropriety. The applicant did not disclose behavioral health history at enlistment or on the MMOT paperwork with the expected difficulties arising shortly after enlisting. These difficulties were not service incurred or aggravated, but the normal, expected reaction these conditions would have with the military environment. (4) Does the condition or experience outweigh the discharge? No. Based on liberally considering all the evidence before the Board, the ADRB determined that the Adjustment Disorder with pre-enlistment Autism and Depression did not outweigh the basis of separation. b. Prior Decisions Cited: None c. Response to Contentions: (1) The applicant through representative, contends, in effect, the applicant was diagnosed with Asperger’s years prior to service. The Board considered this contention and determined that the applicant did not disclose behavioral health history at enlistment or on the MMOT paperwork with the expected difficulties arising shortly after enlisting. These difficulties were not service incurred or aggravated, but the normal, expected reaction these conditions would have with the military environment. (2) The applicant through representative, contends, in effect, the narrative reason per paragraph 5-11, Failed Medical/Physical/Procurement Standards was used as the reasoning for release, however paragraph 5-11 is regarding flight status, and the applicant was infantry, with no need to qualify for flight status. The Board considered this contention and determined in accordance with AR 635-200 that, based on the applicant’s official record, applicant was separated while in an entry level status and an UNC is the proper characterization of service except when the DCS, G-1 determines that an HD is warranted based on unusual circumstances involving personal conduct and performance of duty, which is not applicable in this case. Therefore, no change is warranted. (3) The applicant through representative, contends, in effect, paragraph 5-14, Other designated physical or mental conditions, may be considered to be more accurate, but there was no reason for the command to suspect any mental health issues with the applicant, the applicant was never offered a mental health examination or other medical examination before being released. This is a direct disregard of paragraph 5-14a (7) Personality disorder. The applicant’s chain of command did not meet the conditions in AR 635-200, paragraph 5-14b, according to the applicant and supported by the incorrect narrative and separation code on the DD Form 214. The Board considered this contention and determined that the applicant did not disclose behavioral health history at enlistment or on the MMOT paperwork with the expected difficulties arising shortly after enlisting. These difficulties were not service incurred or aggravated, but the normal, expected reaction these conditions would have with the military environment. d. The Board determined that the discharge is, at this time, proper and equitable, and voted not to change the applicant’s characterization of service because there were no mitigating factors for the Board to consider. Since the applicant was discharged for failing medical/physical procurement standards Uncharacterized is 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 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. e. Rationale for Decision: (1) The Board carefully considered the applicant's request, supporting documents, evidence in the records, a medical review, and published Department of Defense guidance for liberal consideration of discharge upgrade requests. The Board considered the applicant's statement, record of service, and the reason for separation. The Board found insufficient evidence of in-service mitigating factors and concurred with the conclusion of the medical advising official that the applicant's pre-existing medical history does not mitigate the applicant's discharge. Based on a preponderance of evidence, the Board determined that the reason for the applicant's separation and the character of service the applicant received upon separation were proper and equitable. (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 AR20220008519 1