1. Applicant's Name: a. Application Date: 15 August 2019 b. Date Received: 21 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 general (under honorable conditions) and a narrative reason change. The applicant seeks relief contending, in effect, it was a true honor to serve the country. Still, during and after returning from combat in the initial invasion of Iraq, the applicant returned a changed person while assigned to an infantry unit. The applicant struggled to cope with the real world and struggled to deal with the loss of buddies, SPC J. M. and SPC A. B. The applicant turned to illegal substances and alcohol to numb the pain and help forget. The applicant now knows this was not the best decision, but the applicant was young and was unsure how to cope with combat stress before and post-deployment. The applicant still struggles with PTSD. The applicant states joining the military was the best thing that had happened and wanted to show their daughter honorable service to the country. The applicant's daughter was the most important person in the applicant's life and wanted her to be proud. The applicant states smoking marijuana was truly a mistake, and because of it, the applicant cut short a military career. The applicant respectfully requests an upgrade of the discharge and, if possible, a change in the narrative reason for separation. An upgrade will allow the applicant to receive medical benefits through the VA. In a records review conducted on 23 June 2021, 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 (TBI and 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, 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 / AR 635-200 / Chapter 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 12 January 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 November 2004 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant tested positive for THC on 8 July 2004, 16 August 2004, and 28 March 2003. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 23 December 2004 (5) Administrative Separation Board: On 23 December 2004, the applicant unconditionally waived consideration of the case before an administrative separation board. (6) Separation Decision Date / Characterization: 29 December 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 January 2002 / 6 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 11 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (7 March 2003 - 28 April 2004) f. Awards and Decorations: ARCOM, NDSM, GWOTEM, GWTOSM, ASR, CIB, OSB-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 21 October 2004, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Copy of DD Form 2624, dated 9 April 2003, reflects the applicant tested positive for THC (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 28 March 2003. FG Article 15, dated 2 August 2003, for wrongfully using marijuana (between 28 February and 28 February 2003). The punishment consisted of a forfeiture of $575 pay per month for two months; and, extra duty for 45 days. Electronic Copy of DD Form 2624, dated 29 July 2004, reflects the applicant tested positive for THC 24 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 12 July 2004. Electronic Copy of DD Form 2624, dated 30 August 2004, reflects the applicant tested positive for THC 38 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 16 August 2004. FG Article 15, dated 15 September 2004, for wrongfully using marijuana (between 9 June and 8 July 2004). The punishment consisted of a reduction to E-1; forfeiture of $596 pay per month for two months; extra duty for 45 days; and, restriction for 45 days (suspended). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided copies of his post- service medical records, which reflect the applicant met the criteria for PTSD and received treatment for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; VA medical treatment records. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. DISCUSSION 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 general (under honorable conditions) and a narrative reason change. The applicant contends the narrative reason for the discharge needs changed. The applicant contends not knowing how to cope with PTSD and turned to marijuana. The applicant contends an upgrade of the discharge would allow medical benefits through the VA. Eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. The applicant should contact a local office of the Department of Veterans Affairs for further assistance. 8. 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), 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. 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. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned 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, Applicant was diagnosed with PTSD and TBI by the military and the VA. Both of these diagnoses are potentially mitigating conditions under Liberal Consideration. (2) Did the condition exist or experience occur during military service? YES, Military medical documentation and VA service-connectedness for PTSD and TBI and document that these conditions existed during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? YES, Given the association between PTSD/TBI and use of illicit drugs and alcohol to sel-medicate, there is a nexus between these conditions and the applicant's wrongful use of marijuana. (4) Does the condition or experience outweigh the discharge? YES, Given the association between PTSD/TBI and use of illicit drugs and alcohol to self medicate, there is a nexus between these conditions and the applicant's wrongful use of marijuana. b. Response to Contention: After deployment, the applicant struggled to cope with the real world and struggled to deal with the loss of buddies, SPC J. M. and SPC A. B. The applicant turned to illegal substances and alcohol to numb the pain and help forget. The applicant now knows this was not the best decision, but the applicant was young and was unsure how to cope with combat stress before and post-deployment: The board determined (as outlined in section 9. a.) the applicant did suffer from a Behavioral Health Condition (PTSD) that was mitigating for his misconduct and the requested relief was granted. 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 (TBI and PTSD diagnoses). d. Rationale for Decision: (1) The board voted to change the applicant's characterization of service because the board determined (as outlined in section 9. a.) the applicant did suffer from a Behavioral Health Condition (PTSD) that was mitigating for his misconduct and the requested relief was granted. (2) The board voted to change the reason to Misconduct (Minor Infractions); because, although numerous, after applying mitigation due to the applicant's PTSD and mTBI, length and quality of service to include service in combat the misconduct was minor. (3) Because the characterization and reason were changed, the SPD/RE codes will change. The new SPD code of "JKN" aligns with Minor Infractactions, with a corresponding RE- code of 3. 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 AR20190014021 1