1. Applicant's Name: a. Application Date: 25 August 2019 b. Date Received: 7 October 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is under other than honorable conditions. The applicant through legal counsel requests an upgrade to honorable. The applicant seeks relief contending, in effect, that before deployment The applicant was the perfect Soldier maintaining perfect or close to perfect ratings and that he cried out for help when he was hurt and down. b. Board Type and Decision: In a records review conducted on 28 September 2022, and by a 4 - 1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (OBHI and PTSD diagnoses), and prior period of Honorable Service. 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 4 October 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 October 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for being absent without leave (AWOL) from 21 July 2017 to 28 July 2017, and for having had a positive urinalysis test for marijuana on 31 March 2017. (3) Recommended Characterization: Under Other Than Honorable Conditions The intermediated commander's recommended that the applicant's characterization of service for the Administrative Separation be general (under honorable conditions). (4) Legal Consultation Date: On 6 November 2017, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service or description of separation not less favorable than honorable. (5) Administrative Separation Board: On 24 April 2018, the applicant was notified to appear before an Administrative Separation Board. Memorandum for Record, dated 21 June 2018, indicates that the Administrative Law Attorney, after reviewing the records of proceedings for the Administrative Separation Board of the applicant under the standard set for the in AR 635-200, found the Board's proceedings to be legally sufficient. After consideration of the evidence, the Board found that the allegation in the Notice of Administrative Separation IAW AR 635-200, Chapter 14-12c, Commission of a Serious Offense, was supported by a preponderance of the evidence. The Board recommended that the applicant be separated from the US Army with a characterization of service of Other Than Honorable Conditions. Report of Proceedings by Board of Officers, dated 18 September 2018, indicates the allegation of Absent Without Leave (AWOL) between on or about 21 July 2017 and 28 July 2017, was supported by a preponderance of the evidence. The finding did not warrant the separation of the applicant. The allegation of wrongful use of an Illegal Drug between on or about 27 March 2017 and 31 March 2017, was support by a preponderance of the evidence. The finding did warrant the separation of the applicant. In view of the findings, the Board recommended that the applicant be separated from the United States Army with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: On 18 September 2018, the separation authority having reviewed the administrative separation packet pertaining to the applicant and the recommendation for a separation from the Army prior to the expiration of service, under the provision of AR 635-200, Chapter 14-12c, Commission of a Serious Offense; and after reviewing the medical evaluation board proceedings and the administrative separation board proceedings. Determined that the applicant's medical condition was not a direct or substantial contributing cause of the conduct that led to the recommendation for administrative separation. Additional, separation was in the best interest of the Army and the applicant and accordingly, recommended that the applicant's service be characterized as under other than honorable. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 April 2015 / 5 years b. Age at Enlistment / Education / GT Score: 23 / 13 years / 110 c. Highest Grade Achieved / MOS / Total Service: E-6 / 15P30, Aviation Operations Specialist / 9 years, 11 months, 21 days d. Prior Service / Characterizations: RA, 29 October 2008 to 13 April 2012 / HD RA, 14 April 2012 to 14 April 2015 / HD e. Overseas Service / Combat Service: SWA, Germany / Afghanistan (1 October 2011 to 13 July 2012) f. Awards and Decorations: ARCOM-2, AAM-4, AGCM-3, NDSM, ACM-CS, GWTSM, NOPDR, ASR, OSR, NATOMDL, CAB g. Performance Ratings: 1 March 2013 to 2 April 2014, Fully Capable 3 April 2014 to 2 April 2015, Among The Best 3 April 2015 to 14 December 2015, Among The Best 15 December 2015 to 29 January 2017, Qualified h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment dated 24 January 2017, which indicates the applicant self-referred for reported use of marijuana. Medical Evaluation Board Proceedings, dated 11 April 2017, which indicates the applicant was diagnosed with Generalized Anxiety Disorder diagnosed by QTC/VA as Post-Traumatic Stress disorder fails AR 40-501 Chapter 3-33b and c. The board recommended that the applicant be referred to a Physical Evaluation Board. Electronic copy of the DD Form 2624, dated 25 April 2017, reflects the applicant tested positive for THC 628 during an Inspection Other (IO) urinalysis testing conducted on 31 March 2017. Law Enforcement Report, dated 25 May 2017, indicates the applicant was the subject of investigation for the wrongful use of marijuana - detected by urinalysis. Memorandum for record dated 6 July 2017, reference Installation Driving Privilege Suspension of the applicant for committing the offense of wrongful use of a controlled substance. Law Enforcement Report dated 31 July 2017, which indicates the applicant was the subject of investigation for desertion and AWOL. Several DA Form's 4187 (Personnel Action) which indicate the applicant's duty status changed as follows: Present for Duty (PDY) to Absent Without Leave (AWOL), effective 21 July 2017 AWOL to Dropped from Rolls (DFR), effective 26 July 2017; and DFR to AWOL, effective 28 July 2017 FG Article 15 dated 27 September 2017, for being absent without authority from 21 July 2017 until 28 July 2017 and without authority, failing to go at the time prescribed x8 (7 July 2017, 10 July 2017, 11 July 2017, 19 July 2019, x2 20 July 2018, 21 July 2017, and 25 July 2017). The punishment consisted of reduction to E-5 which was later vacated, and the applicant retained reprimand. E-mail from M.H., MA, LMFT, LMHC, MAC Clinical Director Substance Use Disorder Clinical Care (SUDCC), reference contact with ASAP/SUDCC. Memorandum for Commander, 1 Corps, Joint Base Lewis-McChord, dated 21 June 2018, reference "Legal Review of Administrative Separation Board for the applicant," from the Administrative Law Attorney. Memorandum for Staff Judge Advocate, I Corp, JBLM, WA, from the First Corps Surgeon, which refer to having reviewed the applicant's case, it was determined that the applicant's condition did not directly or substantial cause the conduct that lead to the applicant's recommendation for administrative elimination. The applicant disqualifying medical condition was Generalized Anxiety Disorder (GAD). Additional pertinent diagnoses include Post-Traumatic Stress Disorder (PTSD), Alcohol Dependence and Cannabis use disorder. Several negative counseling statements for various actions of misconduct and duty performance. i. Lost Time / Mode of Return: Absent without leave 8 days (21 July 2017 to 27 July 2017), mode or return was apprehension. j. Diagnosed PTSD / TBI / Behavioral Health: The Medical Evaluation Board (MEB) IDES Behavioral Health Addendum, dated 22 December 2016, refers to the applicant having been diagnosed on 1 May 2014 with Adjustment Disorder with Anxiety, ADHD, and Depressed Mood. Report of Mental Status Evaluation dated 30 June 2017, which indicates the applicant was diagnosed with BH Diagnoses of Generalized Anxiety Disorder Cannabis Abuse. It was noted that the medical records and the clinical interview suggested that the applicant's behavioral health conditions contributed significantly to the behavior upon which this administrative action was based. The applicant did not meet medical retention standards and was currently in the medical board process because of this behavioral health condition. Nevertheless, command was cleared by behavioral health to proceed administratively. Decision letter from the Department of Veterans Affairs indicates the applicant has been awarded 100 percent service-connected disability for PTSD, with residuals of TBI and alcohol and cannabis use disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; partial separation file; orders for award of the AGCM on several occasions; Medical Evaluation Board (MEB) IDES Behavioral Health Addendum; Army Substance Abuse Program (ASAP) Outpatient Medical Records, dated 23 January 2017; Madigan Army Medical Center, TACOMA, WA Medical Evaluation Board Narrative Summary; Medical Evaluation Board Proceedings, dated 11 April 2017; Memorandum of Record reference Installation Driving Privilege Suspension; DA Form 4187 reference change of duty status; Power Point Slide on "Special Mental Health Consideration for Returning Veterans,"; Decision Letter from the Department of Veterans Affairs, dated 31 December 2019; 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 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, 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. (8) 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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-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. 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 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 through legal counsel requests an upgrade to honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant Army Military Human Resource Record (AMHRR) indicates separation action was initiated against the applicant for being absent without leave (AWOL) from 21 July 2017 to 28 July 2017, and for having had a positive urinalysis test for marijuana on 31 March 2017. Report of Proceedings by Board of Officers, dated 18 September 2018, indicates the allegation of Absent Without Leave (AWOL) between on or about 21 July 2017 and 28 July 2017, was supported by a preponderance of the evidence. The allegation of wrongful use of an Illegal Drug between on or about 27 March 2017 and 31 March 2017, was also support by a preponderance of the evidence. The finding did warrant the separation of the applicant. In view of the findings, the Board recommended that the applicant be separated from the United States Army with a characterization of service of under other than honorable conditions. On 18 September 2018, the separation authority having reviewed the administrative separation packet pertaining to the applicant and the recommendation for a separation from the Army prior to the expiration of service, under the provision of AR 635-200, Chapter 14-12c, Commission of a Serious Offense; and after reviewing the medical evaluation board proceedings and the administrative separation board proceedings. Determined that the applicant's medical condition was not a direct or substantial contributing cause of the conduct that led to the recommendation for administrative separation. Additional, separation was in the best interest of the Army and the applicant and accordingly, recommended that the applicant's service be characterized as under other than honorable. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, 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 (Serious Offense)," and the separation code is "JKQ." The applicant seeks relief contending that before deployment he was the perfect Soldier maintaining perfect or close to perfect ratings and that he cried out for help when he was hurt and down. The applicant's contentions were noted; Medical Evaluation Board Proceedings, dated 11 April 2017, indicate the applicant was diagnosed with Generalized Anxiety Disorder diagnosed by QTC/VA as Post-Traumatic Stress disorder fails AR 40-501 Chapter 3-33b and c. A Report of Mental Status Evaluation dated 30 June 2017, indicates the applicant was diagnosed with BH Diagnoses of Generalized Anxiety Disorder Cannabis Abuse. It was noted that the medical records and the clinical interview suggested that the applicant's behavioral health conditions contributed significantly to the behavior upon which his administrative action was based. The applicant did not meet medical retention standards and was currently in the medical board process because of this behavioral health condition. Nevertheless, command was cleared by behavioral health to proceed administratively. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. It should be noted; the decision documents submitted by the applicant with his application indicates the Department of Veterans Affairs has awarded the applicant 100 percent service- connected disability for PTSD, with residuals of TBI and alcohol and cannabis use disorder. However, the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. It should also be noted; that the service record indicates that someone in the discharge process may have erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be usually assigned an SPD Code of JKQ and an RE Code of 3. 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 the following diagnoses or experiences which can, under certain circumstances, potentially mitigate or excuse misconduct leading to separation: applicant has been diagnosed with the following potentially mitigating BH conditions: PTSD; TBI; Anxiety DO NOS. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant was diagnosed with PTSD, TBI and Anxiety DO NOS while on active duty. Additionally, the VA has established service connection for applicant's diagnosis of PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has two mitigating BH conditions, PTSD and TBI. As there is an association between these conditions and avoidant behavior, there is a nexus between his TBI/PTSD and his period of AWOL and incidents of Failing to Report. As there is a nexus between TBI and PTSD and use of illicit drugs and/or alcohol to self-medicate symptoms, there is a nexus between these conditions and the applicant's wrongful use of THC. (4) Does the condition or experience outweigh the discharge? Yes. Based on liberally considering all the evidence before the Board, the ADRB determined that the condition or experience outweighed the basis of separation. b. Response to Contention(s): (1) The applicant seeks relief contending that before deployment he was the perfect Soldier maintaining perfect or close to perfect ratings and that he cried out for help when he was hurt and down. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD fully outweighing the applicant's AWOL and drug abuse basis for separation. c. The Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (OBHI and PTSD diagnoses), and prior period of Honorable Service. 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. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD, TBI and OBHI mitigated the applicant's misconduct of drug abuse and AWOL. 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 AR20190013510 1