1. Applicant's Name: a. Application Date: 20 June 2019 b. Date Received: 20 June 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, that applicant's discharge was fair, applicant made a mistake and had to accept the consequences, although, it could have been avoided with the proper guidance. The applicant has done a lot to deserve an honorable discharge. Following applicant's deployment to Iraq (June 2015 to February 2006), applicant was diagnosed with depression, anxiety, and multiple other disabilities. Depression led applicant into a downward spiral, which in turn led to drug abuse. The applicant believes we all make mistakes that we have to learn from. The applicant has learned from the mistake, rehabbed them self and moved on to a better path being drug free. In a records review conducted on 8 April 2022, and by a 5-0 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge (Major Depressive Disorder diagnosis). 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, and the reentry code to RE-3. 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-4 / General (Under Honorable Conditions) b. Date of Discharge: 13 May 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 May 2017 (2) Basis for Separation: The applicant was informed of the following reason: for having used marijuana between 24 February 2017 and 24 March 2017, as concluded from a urinalysis conducted on 24 March 2017 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 May 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 May 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 November 2012 / 4 years, 27 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A1P, Human Resources Specialist / 4 years, 6 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (2 June 2015 to 19 February 2016) f. Awards and Decorations: JSCM, AAM-2, JMUA, AGCM, NDSM, GWOTEM, GWTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 21 April 2017, reflects the applicant tested positive for THC 147 during an Inspection Random (IR) urinalysis testing conducted on 24 March 2017. CG Article 15, dated 6 December 2016, for disobeying a lawful order from 1SG J.T., a senior noncommissioned officer to report to Initial Manifest for an Airborne Operation on or about 4 November 2016. The punishment consisted of reduction to E-3 (suspended), forfeiture of $485.00 pay (suspended), and extra duty for 14 days. Record of Supplementary Action Under Article 15, UCMJ, dated 8 January 2017, indicates the suspension of the punishment imposed on the applicant 6 December 2016 of reduction to E-3 and forfeiture of $485.00 pay was vacated base on the applicant having failed to go at the time prescribed to his appointed place of duty, to wit: 0600 work detail located at the United States Army Advanced Airborne School. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 29 July 2016, indicates the applicant was diagnosed with an Axis I for Alcohol Use Disorder; r/o Substance Induced Depressive Disorder. It was noted that the applicant could understand and participate in administrative proceedings, appreciated the difference between right and wrong, met medical retention requirements. Report of Mental Status Evaluation, dated 2 May 2017 indicated that the applicant screened positive on the PTSD screener; however, after further evaluation, the did not meet criteria for PTSD. The applicant screened positive on the TBI screener, however, after further evaluation the applicant did not meet criteria for TBI. It was noted that the applicant warranted the diagnosis: V62.29 (Z56.9) other problem related to employment. It was also noted, there was no evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to have warrant disposition through military medical channels. The applicant was mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participated intelligently as a respondent in any administrative proceedings. The applicant was psychologically cleared for any administrative action deemed appropriated by the separation authority. Counseling statements for acts of misconduct and duty performance. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Official Military Personnel Files; Lab results of drug screen; and military mental and health records of depressive disorders. 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) 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) 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. (6) 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. (7) 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 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 waivable and nonwaivable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-4 Applies to: Person separated from last period of service with a nonwaivable 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. f. 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(2), misconduct (drug abuse). 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. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's AMHRR indicates separation action was initiated against the applicant for having used marijuana between 24 February 2017 and 24 March 2017. It should be noted by violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. The applicant seeks relief contending that applicant's discharge was fair, applicant made a mistake and had to accept the consequences, although, it could have been avoided with the proper guidance. The applicant has done a lot to deserve an honorable discharge. Following applicant's deployment to Iraq (June 2015 to February 2006), applicant was diagnosed with depression, anxiety, and multiple other disabilities. Depression led applicant into a downward spiral, which in turn led to drug abuse. The applicant believes we all make mistakes that we have to learn from. The applicant has learned from applicant's mistake, rehabbed them self and moved on to a better path being drug free. The applicant contends that medical issues contributed to applicant's discharge from the Army. The medical documents found in the applicant's AMHRR and those submitted by the applicant, were noted; the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. 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 DoD and VA medical records, applicant submissions and third party statements, and found the applicant was diagnosed with Major Depressive Disorder (MDD), which, in the opinion of the Board's Medical Advisor, after applying liberal consideration, could potentially mitigate a discharge. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the applicant was diagnosed with MDD during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor opined that the applicant has a mitigating BH condition, MDD. As there is an association between MDD and use of alcohol and/or illicit drugs to self-medicate symptoms, there is a nexus between applicant's diagnosis of MDD and applicant's illicit use of marijuana. (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. As a result, the ADRB applied liberal consideration and found that the applicant had a condition or experience that completely outweighed the basis for separation. b. Response to Contention(s): (1) The applicant seeks relief contending that applicant has done a lot to deserve an honorable discharge. The Board considered this contention during proceedings, ultimately the Board determined an upgrade is warranted based on the applicant's MDD fully outweighing the applicant's marijuana use basis for separation. (2) The applicant contends being diagnosed with depression, anxiety, and multiple other disabilities that led to a downward spiral, which in turn led applicant to drug abuse. The Board determined that this contention was valid and voted to upgrade the characterization of service due to MDD mitigating the applicant's marijuana use. (3) The applicant contends to have learned from applicant's mistake, rehabbed them self and moved on to a better path being drug free. 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 determined that an upgrade is warranted based on the applicant's MDD fully outweighing the applicant's marijuana use basis for separation. c. The Board determined the discharge is inequitable based on the circumstances surrounding the discharge (Major Depressive Disorder diagnosis). 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, and the reentry code to RE-3. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant had a MDD which mitigated the applicant's misconduct of marijuana 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 Board voted to change the RE code to RE-3. 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: RE-3 e. 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 AR20190009356 1