1. Applicant's Name: a. Application Date: 1 October 2019 b. Date Received: 7 October 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable or a change to medical, a change of his reentry eligibility (RE) code, and that his GI Bill benefits be reinstated based on a serviced connected disability (PTSD), Depression, Anxiety, and Sleep Apnea. The applicant seeks relief contending, in effect, that if he had been treated for his symptoms while in the service, he could have moved on and made a career out of the military. Since he was not, he lost many opportunities in his pursuit of careers, and that continues even now. The applicant contends that he had PTSD, severe depression, and sever anxiety immediately following his return from Iraq in 2003. These conditions were exponentially worsened when his wife at the time left him a month after his return from his deployment because she could not deal with the stresses of being married to a Soldier. He sought help at his base in Fort Stewart and told the doctor what was going on and that he was seeing things that were not there, hearing things, especially at night. The doctor scoffed and told him he must be on drugs, when he was not. After that, he felt crazy, humiliated and embarrassed and he turned to alcohol and drugs to trey and cope because he could not get help from the doctors in the military. It was because of that, that he was ultimately discharged from the Army, a career he had every intention of keeping for life. He lost his school money and all hope for the future. He spiraled down for four years until he was able to get registered in the VA in 2008 and began receiving mental health care in 2010. He was diagnosed with PTSD, Depression, Alcohol Abuse, and Anxiety all stemming from his military service in combat as well as Sleep Apnea, which made these conditions worse. He was determined to be service connected with each of these conditions, and as such has a rating of 90 percent with the VA. It is because of this that he was able to utilized Vocational Rehabilitation benefits and rapidly complete a bachelor's degree with the University of Houston in Political Science (Cum Laude) minoring in National Security and History. It was because he completed this degree so rapidly and with exemplary marks that he was able to apply and be accepted into one of the nation's top Universities, (Georgetown University) for a Master's in Professional Studies in Applied Intelligence. He has since been disqualified from employment from the Federal Bureau of Prisons and other employers such as HPD, Texas DPS, the US Marshall Service, FBI, CIA, and many others because of the nature of his discharge, regardless of what he has done to become a better and more stable man in the last fifteen years. He contends he was twenty-one years old when he was discharged from the military. He had/has PTSD, and he lost everything else that he held dear at the time. He struggled for years after with the same. Since then, he has sought treatment on his own. He has elevated and educated himself despite his disabilities, working as an instructor in Krav-Maga for kids, teens, and adult beginners, and being a full-time father. He believes he should not be held to the standard of a 21-year-old kid that made a mistake under extreme duress from a condition that could have been treated. It is for these reason that he humbly begs the board to grant him a discharge upgrade from general (under honorable conditions) to honorable and that his reenlistment code be change from a RE-4 to a code that allows him to be eligible for reenlistment; that his GI Bill benefits be reinstated so he can finish his master's degree, and so his daughter can possible utilize what is left. He paid the full amount into the GI Bill and missed the time in service by less than a year because of an undiagnosed condition (PTSD, Depression, Anxiety) being responsible for his separation. He believes he has done all that he can to elevate, educate, and remedy the mistakes of a young man. He wants to be given the chance to live his best life and show that he is better than the lowest point of his life. Allow him to teach his daughter that you can make a mistake, learn from it, and rebuild yourself into a better person because of it. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no diagnoses of because of age of records. The applicant is 90% service-connected from the VA, 70% for PTSD. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 23 September 2020, 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, the circumstances surrounding the discharge (service- connected PTSD diagnosis), and post-service accomplishments. 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), the separation code to JKN, and the reentry code to RE-3. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 23 June 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 May 2004 (2) Basis for Separation: The applicant was informed of the following reason: for testing positive for ecstasy. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 August 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 June 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 May 2002 / 3 years b. Age at Enlistment / Education / GT Score: 20 / GED / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13F10, Fire Support Specialist / 2 years, 1 month, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (22 January 2003 to 12 August 2003) f. Awards and Decorations: ARCOM, NDSM, GWOTEM, GWOTSM, ASR, PUC (Army) g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Company Grade Letter of Reprimand, dated 1 December 2003, for being involved in an altercation resulting in him be arrested and subsequently charged with Assault and Battery and he was also charged with Obstruction of Justice. Electronic copy of the DD Form 2624, dated 24 March 2004, reflects the applicant tested positive for MDMA 994 during an Inspection Unit (IU) urinalysis testing conducted on 16 March 2004. Military Police Report, which indicates the applicant was the subject of investigation for the wrongful use of ecstasy (Article 112A, UCMJ). FG Article 15, dated 5 May 2004, for wrongful use of ecstasy between (15 February 2004 and 16 March 2004). The punishment consisted of reduction to E-2, forfeiture of $668.00 pay x 2 months, and extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 13 May 2004, indicates the applicant the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was psychiatrically cleared for any action deemed appropriate by his command. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, the documents submitted by the applicant from the Department of Veterans Affairs, indicate that he has been awarded 90 percent service connected disability (70 percent PTSD and 50 percent Sleep Apnea) and that he is currently diagnosed with post-traumatic stress disorder and major depressive disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; a self-authored letter; and letters from the Department of Veterans Affairs. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has been able to utilize Vocational Rehabilitation benefits and rapidly complete a bachelor's degree with the University of Houston in Political Science (Cum Laude) minoring in National Security and History. It was because he completed this degree so rapidly and with exemplary marks that he was able to apply and be accepted into one of the nation's top Universities, (Georgetown University) for a Master's in Professional Studies in Applied Intelligence. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 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. 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). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. National Defense Authorization Act 2017 provided 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) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided 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; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable or a change to medical, a change of his reentry eligibility (RE) code, and that his GI Bill benefits be reinstated based on a serviced connected disability (PTSD), Depression, Anxiety, and Sleep Apnea. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. Furthermore, 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 provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active duty. The evidence of record shows 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 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 4. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that if he had been treated for his symptoms while in the service, he could have moved on and made a career out of the military. Since he was not, he lost many opportunities in his pursuit of careers, and that continues even now. The applicant contends that he had PTSD, severe depression, and sever anxiety immediately following his return from Iraq in 2003. These conditions were exponentially worsened when his wife at the time left him a month after his return from his deployment because she could not deal with the stresses of being married to a Soldier. He sought help at his base in Fort Stewart and told the doctor what was going on and that he was seeing things that were not there, hearing things, especially at night. The doctor scoffed and told him he must be on drugs, when he was not. After that, he felt crazy, humiliated and embarrassed and he turned to alcohol and drugs to fray and cope because he could not get help from the doctors in the military. It was because of that, that he was ultimately discharged from the Army, a career he had every intention of keeping for life. The applicant's contentions were noted; however, the rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. The 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 contends that he lost his school money and all hope for the future. He spiraled down for four years until he was able to get registered in the VA in 2008 and began receiving mental health care in 2010. He was diagnosed with PTSD, Depression, Alcohol Abuse, and Anxiety all stemming from his military service in combat as well as Sleep Apnea, which made these conditions worse. He was determined to be service connected with each of these conditions, and as such has a rating of 90 percent with the VA. It is because of this that he was able to utilized Vocational Rehabilitation benefits and rapidly complete a bachelor's degree with the University of Houston in Political Science (Cum Laude) minoring in National Security and History. It was because he completed this degree so rapidly and with exemplary marks that he was able to apply and be accepted into one of the nation's top Universities, (Georgetown University) for a Master's in Professional Studies in Applied Intelligence. He has since been disqualified from employment from the Federal Bureau of Prisons and other employers such as HPD, Texas DPS, the US Marshall Service, FBI, CIA, and many others because of the nature of his discharge, regardless of what he has done to become a better and more stable man in the last fifteen years. He contends he was twenty-one years old when he was discharged from the military. He had/has PTSD, and he lost everything else that he held dear at the time. He struggled for years after with the same. Since then, he has sought treatment on his own. The applicant contends that he has elevated and educated himself despite his disabilities, working as an instructor in Krav-Maga for kids, teens, and adult beginners, and being a full-time father. He believes he should not be held to the standard of a 21-year-old kid that made a mistake under extreme duress from a condition that could have been treated. It is for these reason that he humbly begs the board to grant him a discharge upgrade from general (under honorable conditions) to honorable and that his reenlistment code be change from a RE-4 to a code that allows him to be eligible for reenlistment; that his GI Bill benefits be reinstated so he can finish his master's degree, and so his daughter can possible utilize what is left. He paid the full amount into the GI Bill and missed the time in service by less than a year because of an undiagnosed condition (PTSD, Depression, Anxiety) being responsible for his separation. He believes he has done all that he can to elevate, educate, and remedy the mistakes of a young man. He wants to be given the chance to live his best life and show that he is better than the lowest point of his life. Allow him to teach his daughter that you can make a mistake, learn from it, and rebuild yourself into a better person because of it. The applicant's post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on his accomplishments. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels It should be noted; at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. Further, eligibility for veteran's benefits to include educational benefits under the Post- 9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 23 September 2020, 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, the circumstances surrounding the discharge (service-connected PTSD diagnosis), and post-service accomplishments. 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), the separation code to JKN, and the reentry code to RE-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 GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190015454 1