1. Applicant's Name: a. Application Date: 27 February 2019 b. Date Received: 16 July 2019 c. Counsel: 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 and a narrative reason change. The applicant seeks relief contending, in effect, that applicant had two deployments with honorable service. The applicant was a great Soldier; conditions of service were honorable. The notation of drug abuse is showing a pattern and the applicant believes did not abuse drugs. Misconduct should only be the wording for the narrative reason for separation. The applicant is requesting the removal of the wording "Drug Abuse". The one-time drug use was a condition of Post-Traumatic Stress Disorder at that time. In a records review conducted on 4 February 2022, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (PTSD diagnoses). 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), with a corresponding separation code of JKN. 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: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c(2) / JKK / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 November 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 October 2015 (2) Basis for Separation: The applicant was informed of the following reasons: for between on or about 30 July 2015 and on or about 5 August 2015, wrongfully using cocaine a schedule II controlled substance. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 13 October 2015, the applicant voluntarily and conditional waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than honorable. (5) Administrative Separation Board: On 16 October 2015, the applicant waived consideration of his case by an administrative separation board and appearance before an administrative separation board. (6) Separation Decision Date / Characterization: 16 October 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 February 2013 / 3 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-5 /11B20, Infantryman / 7 years, 3 months, 19 days d. Prior Service / Characterizations: RA, 16 July 2008 to 11 February 2013 / HD e. Overseas Service / Combat Service: SWA / Iraq (6 February 2009 to 25 January 2010 and 11 July 2011 to 31 December 2011) and Kuwait (1 January 2012 to 25 June 2012) f. Awards and Decorations: ARCOM, AAM-4, MUC-3, AGCM, NDSM, ICM-CS-2, GWTEM, GWTSM, ASR, OSR, CIB g. Performance Ratings: 1 June 2013 to 11 October 2013, Fully Capable 12 October 2013 to 11 October 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 22 May 2014, for failing to go at the time prescribed to appointed place of duty on 8 May 2014. The punishment consisted of extra duty for 14 days and restriction for 14 days (suspended). Law Enforcement Report, dated 13 April 2015, which indicates the applicant was the subject of investigation for assault consummated by battery and spouse abuse civilian female victim. Electronic copy of the DD Form 2624, dated 11 August 2015, reflects the applicant tested positive for Cocaine 383 during an Inspection Unit (IU) urinalysis testing conducted on 5 August 2015. CG Article 15, dated 17 August 2015, for with intent to deceive, making to PFC B.H., an official statement, to wit: "the argument did not turn physical at any time," or words to that effect, which was totally false, and was then known by the applicant to be so false on 30 March 2015; and unlawfully grabbing Ms. B.D., by the arms and pushing her against the wall on 29 March 2015. The punishment consisted of forfeiture of $644.00 pay (suspended), extra duty for 14 days, and an oral reprimand. FG Article 15, dated 10 September 2015, for wrongfully using cocaine a schedule II controlled substance between on or about 30 July 2015 and 5 August 2015. The punishment consisted of reduction to E-4, forfeiture of $1,225.00 pay per month for 2 months, extra duty for 45 days, restriction for 45 days (suspended), and an oral reprimand. Counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 26 August 2015, which indicates the applicant was diagnosed with Axis I for Alcohol Abuse in Remission (per AHLTA). It was noted that the applicant could understand and participate in administrative proceedings, could appreciated the difference between right and wrong, and met medical retention requirements (i.e., did not qualify for a Medical Evaluation Board). It was also noted that the applicant tested positive for an illicit drug and was to be enrolled in ASAP. The applicant also had a prior history of ASAP services related to alcohol. There was no evidence of thought disorder or psychotic symptoms. The applicant was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative/board proceedings. The applicant was screened for Post-Traumatic Stress Disorder and mild Traumatic Brain Injury and screened negative for both. The applicant was psychiatrically cleared for any administrative action deemed appropriated of his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of 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), 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 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) 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 14-3 prescribes a discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. (6) Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14- 12a or 14-12b as appropriate. 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, misconduct (drug abuse). 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-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. The applicant requests an upgrade to honorable and a narrative reason change. The applicant's AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. The evidence of record indicates separation action was initiated against the applicant for wrongfully using cocaine between on or about 30 July 2015 and 5 August 2015. The applicant seeks relief contending having two deployments with honorable service. The applicant was a great Soldier; and conditions of service were honorable. The notation of drug abuse is showing a pattern, but applicant believes did not abuse drugs. Misconduct should only be the wording for the narrative reason for separation. The applicant is requesting the removal of the wording "Drug Abuse". The one-time drug use was a condition of Post-Traumatic Stress Disorder at that time. The applicant contends the narrative reason for the discharge needs to be changed. The applicant's contentions were noted. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-8, Separation 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's contention that the one-time drug use was a condition of Post-Traumatic Stress Disorder at that time was also noted. The Report of Mental Status Evaluation, dated 26 August 2015, indicates the applicant was diagnosed with Axis I for Alcohol Abuse in Remission (per AHLTA). It was noted that the applicant could understand and participate in administrative proceedings, could appreciated the difference between right and wrong, and met medical retention requirements (i.e., did not qualify for a Medical Evaluation Board). It was also noted that the applicant tested positive for an illicit drug and was to be enrolled in ASAP. The applicant also had a prior history of ASAP services related to alcohol. There was no evidence of thought disorder or psychotic symptoms. The applicant was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative/ board proceedings. The applicant was also screened for Post-Traumatic Stress Disorder and mild Traumatic Brain Injury and screened negative for both. The applicant was psychiatrically cleared for any administrative action deemed appropriated of his command. 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. The applicant asserts PTSD in-service and holds a post-service connection for Traumatic Brain Disease and service related PTSD diagnosis. (2) Did the condition exist or experience occur during military service? Yes. The applicant asserts PTSD existed in-service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor determined that the applicant's PTSD mitigates the basis of separation, as there is a nexus between PSTD and the use of drugs to self-medicate to alleviate symptoms. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member, that PTSD is often associated with Drug Abuse for the reasons listed in (3) above. As a result, the ADRB applied liberal consideration and found that the BH conditions outweighed the basis for separation. b. The applicant seeks relief contending two deployments with honorable service, being a great Soldier with honorable service. The Board determined that this contention was valid, with the applicant's PTSD mitigating the drug use, and relief was warranted. c. The Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (PTSD diagnoses). d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD mitigated the drug use. Thus the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (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: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: No Change a. Change Authority to: AR 635-200, paragraph 14-12a 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 AR20190009258 3