1. Applicant's Name: a. Application Date: 8 February 2019 b. Date Received: 8 March 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, the discharge was inequitable because it was based on an isolated incident with no other adverse action. The applicant states the discharge was based on substance use that was an attempt to self-treat post-traumatic stress disorder (PTSD). The applicant states that the substance that led to the discharge was minor (marijuana) which is relatively less severe than others. The applicant goes on to state, in effect, he was impacted by an incident involving a fellow Soldier who fired shots in the work area. In a records review conducted on 5 May 2021 and by a 5-0 vote, the Board determined the characterization of service was inequitable based on the applicant's length of service, the circumstances surrounding the discharge (OBHI and PTSD diagnoses), and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635-200 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 20 August 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 June 2018 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant wrongfully used marijuana between 3 December 2017 and 3 January 2018. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 29 June 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 July 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 February 2014 / 6 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15G, Aircraft Structural Repairer / 4 years, 5 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, GWOTSM, ASR, Air Assault Badge g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Article 15 dated 30 October 2017, for five specifications of Article 86. The punishment consisted of reduction to PFC/E-3, forfeiture of $496.00 pay, (both suspended); and, extra duty for 45 days. On 16 May 2018, the applicant was evaluated for PSTD, Depression, TBI, and Substance Misuse, the screenings and correlating evaluations were completed and were all found to be negative. The applicant received a Developmental Counseling Form dated 13 February 2018, informing him of his separation action UP AR 635-200, Chapter 14-12c(2). The applicant was enrolled in the Army Substance Abuse Program (ASAP) on 26 February 2018, which he successfully completed. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a Psychiatric Evaluation Form Centerstone, which shows the applicant was diagnosed with PTSD; major depressive disorder, recurrent episode, severe; Other problem related to employment; suicidal ideations; and, alcohol use disorder, moderate. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, Personal Statement, Divorce Decree, Center Stone, Psychiatric Evaluation, Orders 012-012, Orders 40-027, DA Form 705 (Army Physical Fitness Test Scorecard), DA Form 88-R (Combat Pistol Qualification Course Scorecard), DA Form 4856 (Developmental Counseling Form), DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), Orders 161-100, Orders 161-100, DA Form 4187 (Personnel Action), Memo, Commanders Notification and Required Response to a Positive Urine Test Report, DD Form 214, College Admission Letter, News Article, and 3 Certificates of Training. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is seeking a Bachelor's degree in Aerospace Engineering and seeking treatment for PTSD. 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) Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. (5) Paragraph 14-12c, states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (drug abuse). f. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of "4." 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 an upgrade to honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. Separation packet indicates applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of General (Under Honorable Conditions). The applicant contends, he was experiencing undiagnosed PTSD and was utilizing controlled substances to self-medicate, in order to cope with his symptoms and has been diagnosed with PTSD. The record reflects that on 16 May 2018, the applicant was evaluated for PSTD, Depression, TBI, and Substance Misuse and the screenings and correlating evaluations were completed and were all found to be negative. The applicant provided a Psychiatric Evaluation Form from Centerstone, which shows the applicant was diagnosed with PTSD; major depressive disorder, recurrent episode, severe; Other problem related to employment; suicidal ideations; and alcohol use disorder, moderate. The applicant contends the event that caused his discharge from the Army was an isolated incident. Army Regulation 635-200, in pertinent part, stipulates circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had good service. The Board considered the service accomplishments and the quality of service. The applicant contends an upgrade would allow for use of the GI Bill in order to obtain the desired degree. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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) In-service and VA records are void of behavioral health contacts. While the applicant is eligible for VA services, he provided a civilian behavioral health record diagnosing PTSD related to an active shooter event at Fort Campbell. (2) Did the condition exist or experience occur during military service? (UNKOWN) Records are insufficient to determine whether or not the applicant experienced PTSD while in- service. (3) Does the condition or experience actually excuse or mitigate the discharge? (YES) While it is unclear why the applicant would not seek out a diagnosis and service connection through the VA, liberal consideration compels the Board to accept the civilian diagnosis. Accordingly, per liberal consideration and nexus between PTSD and substance use, the basis of separation is mitigated. (4) Does the condition or experience outweigh the discharge? (YES) The basis of separation from the Army was the applicant wrongfully used marijuana. The Board's BH doctor determined there is a nexus between PTSD and substance use; therefore, the use of marijuana is mitigated. b. The ADRB determined that the applicant's characterization of service was inequitable based on a diagnosis of PTSD mitigating reason for discharge. c. Applicant's contentions are: (1) The applicant contends, he was experiencing undiagnosed PTSD and was utilizing controlled substances to self-medicate, in order to cope with his symptoms and has been diagnosed with PTSD. Liberal consideration compels the Board to accept the civilian diagnosis; therefore, it is determined by the Board's BH Doctor that applicant had undiagnosed PTSD at the time of separation. (2) The applicant contends the event that caused his discharge from the Army was an isolated incident. Review of the applicant's records to include available medical documents indicates this was a one-time drug use incident. (3) The applicant contends that he had good service. Whether or not applicant had good service, the undiagnosed PTSD at the time of separation mitigates the misconduct that led to the discharge. (4) The applicant contends an upgrade would allow for use of the GI Bill in order to obtain the desired degree. The basis of separation is mitigated; therefore, the characterization will be upgraded and the applicant will be able to utilize all benefits associated with honorable discharge to include GI Bill benefits. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service because the applicant had a diagnosed PTSD mitigating reason for discharge. (2) The Board voted to change the reason to Misconduct (Minor Infractions) because the applicant's drug use is mitigated by the diagnosed PTSD and no longer equates to the basis of separation. (3) The SPD code of JKK for Misconduct (Drug Abuse) will change to JKN to align with Misconduct (Minor Infractions) per Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / RE-3 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 NA - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Reentry 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 AR20190003812 2