1. Applicant's Name: a. Application Date: 31 July 2019 b. Date Received: 5 August 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is under other than honorable conditions. The applicant requests an upgrade to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, the applicant experienced the loss of loved ones and did not know how to deal with it or ask for help. The applicant made some poor decisions which impacted the applicant's military career and shattered the applicant's dreams. The applicant is now a mentor for troubled teens and is better person today because of that experience. In a records review conducted on 25 February 2022, 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: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 25 July 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 June 2014 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was preferred Court-Martial charges on 7 May 2014 for four violations of wrongful use, introduction, distribution, and possession of Spice containing a schedule I controlled substance. On 9 May 2014, the applicant submitted an offer to plead guilty, waving rights to an administrative separation board in exchange for the command adjudicating a Summary Court- Martial. On 18 June 2014, the applicant was found guilty at a Summary Court-Martial and sentenced to reduction to private/E-1 and 30 days of confinement. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 25 June 2014 (5) Administrative Separation Board: The applicant waived consideration of case by an administrative separation board on 9 May 2014. (6) Separation Decision Date / Characterization: 2 July 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 April 2013 / 4 years b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 4, years, 11 months, 17 days d. Prior Service / Characterization: ARNG, 11 September 2007 - 23 February 2011 / HD RA, 15 January 2008 - 3 July 2008 (IADT) / HD (Concurrent Service) RA, 29 September 2008 - 25 October 2009 / HD (Concurrent Service) Ordered to AD RA, 24 February 2011 - 24 April 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (29 September 2008 - 2 October 2009) f. Awards and Decorations: ACM-CS, NATO ASM, ARCOM, AAM-3, NATO Medal, NDSM, GWOTSM-2, NCOPDR, ASR, OSR, AFRM-M-Device, MOVSM, AFRM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DA Form 458 (Charge Sheet), dated 7 May 2014, reflects the applicant was charged with violating a lawful general order between on or about 20 October 2013 and on or about 20 November 2013, by wrongfully using, introducing, distributing, and possessing Spice containing a schedule I controlled substance and wrongfully introducing, distributing, possessing, and using the synthetic Cannabinoid, also known as Spice, a scheduled I controlled substance between on or about 20 October 2013 and on or about 20 November 2013. On 9 May 2014, the applicant pled guilty to all charges in a Summary Court-Martial and waived rights to an administrative separation board with the understanding of pending discharge with an under other than honorable conditions characterization of service. The AMHRR contains a CID Report of Investigation dated 25 November 2013, in reference to the applicant receiving a package containing a controlled substance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, DD Form 214, DA Forms 638 (Recommendation for Award)-5, Memorandum of Recognition, Memorandum, subject: Statement of Wartime Service, dated 1 September 2009. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states being a mentor for troubled teens and is a better person because of that experience. 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. 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's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, the applicant experienced the loss of loved ones and did not know how to deal with it or ask for help. The applicant made some poor decisions which impacted the applicant's military career and shattered the applicant's dreams. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct, which led to the separation action under review. The applicant is now a mentor for troubled teens and is better person today because of that experience. The Army Discharge Review Board 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 may 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. 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 was diagnosed with Adjustment Disorder and mild TBI, both of which are potentially mitigating BH conditions. (2) Did the condition exist or experience occur during military service? Yes. The applicant's diagnosis of Adjustment DO was made while applicant was on active duty. Diagnosis of mild TBI was made by the VA post-service. While not service-connected, the condition is documented to have occurred while applicant was deployed secondary to IED blast. (3) Does the condition or experience actually excuse or mitigate the discharge? No. It is the opinion of the Agency BH Advisor that there are no mitigating BH conditions. While the applicant has been diagnosed with in-service Adjustment DO and service-related mild TBI, these conditions do not mitigate the misconduct. Neither Adjustment DO nor mild TBI affects one's ability to distinguish right from wrong and act in accordance with the right. Accordingly, while liberal consideration was applied, the applicant's misconduct is not mitigated. (4) Does the condition or experience outweigh the discharge? No. Despite the Board's application of liberal consideration, the Board concurred with the opinion of the Board's Medical Advisor, a voting member, that the available evidence did not support a conclusion that any of the applicant's medical conditions completely outweighed the wrongful use, introduction, distribution, and possession of Spice containing a schedule I controlled substance basis for applicant's separation. b. Response to Contention(s): The applicant seeks relief contending, in effect, the applicant experienced the loss of loved ones and did not know how to deal with it or ask for help. The Board determined that the Army has many legitimate avenues available to service members requesting assistance with dealing with personal loss. There is no evidence in the official records nor provided by the applicant that such assistance was pursued. The applicant also admitted to the committing wrongful use, introduction, distribution, and possession of Spice containing a schedule I controlled substance numerous time prior to the offense resulting in discharge. c. The Board determined that the discharge is, at this time, proper and equitable, 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. d. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because, despite applying liberal consideration of all the evidence before the Board, the applicant's Adjustment Disorder did not excuse or mitigate the offenses of wrongful use, introduction, distribution, and possession of Spice containing a schedule I controlled substance. 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. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, as 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 AR20190013734 1