1. Applicant's Name: a. Application Date: 3 July 2019 b. Date Received: 16 July 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, that on or about 23 May 2019, the Department of Affairs after a review of applicant's Military Personnel Records and character of discharge letter dated 26 July 2017, used to make a decision to change the characterization of applicant's discharge to Honorable to include but not limited to VA Form 20-0986 Eligibility Determination for character of discharge dated 1 May 2019. The applicant believes the rank on applicant's DD Form 214 should be corrected to reflect applicant's last rank held prior to applicant's Article 15. The applicant was demoted to E-5, however, DD Form 214 reflects a rank of E-1. No document nor action was taken or presented to applicant to reflect a change to the rank of E-1. Under Section 38 CFR 3, 12(d) which states that benefits are not payable where the former service member was discharged due to willful and persistent misconduct. A discharge because of a minor offense will not, however, be considered willful and persistent misconduct if service was otherwise, honest, faithful and continuation of #8/meritorious. Therefore, a favorable determination is believed to be warrant in the applicant's claim to change applicant's DD Form 214 to reflect Honorable and rank to reflect E-5 rather than E-1, because this was not a violent act or so heinous to be classified as a willful and persistent misconduct. Since applicant served for approximately 14 years without engaging in any actions that would warrant any Articles of conduct tribunals. Applicant served applicant's country for 14 years and seven months which should be a consideration to overturn the final decision set forth in the Article 15 dated 28 July 2015. In a records review conducted on 20 April 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: 1 February 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 November 2015 (2) Basis for Separation: The applicant was informed of the following reason: for between on or about 1 March 2015 to 11 March 2015, wrongfully having used Methamphetamine, a Schedule II controlled substance. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 6 November 2015 (5) Administrative Separation Board: On 20 January 2016, the applicant unconditionally waived consideration of applicant's case by an administrative separation board. (6) Separation Decision Date / Characterization: On 25 January 2016, the separation authority approved the applicant unconditional waiver and directed discharge with a characterization of service of under other than honorable conditions and that applicant be immediately reduced to the lowest enlisted grade in accordance with AR 600-8-19, Enlisted Promotion and Reductions, paragraph 10-1e, 2 February 2015 and AR 635-200, paragraph 1- 13. It should be noted; based on a careful review of the administrative separation packet, request for unconditional waiver, and the Medical Evaluation Board (MEB) proceedings to determine whether the applicant should be processed under administrative separation provisions of AR 635-200, or processed through the physical disability system under the provisions of AR 635-40, instead of completion of administrative separation under the provisions of AR 635-200. The separation authority approved the unconditional waiver submitted by the applicant on 20 January 2016 and directed that applicant be discharged under the provision of AR 635-200, para 14-12c(2), for misconduct-abuse of illegal drugs. The applicant's personnel records and FG Form 43 were to be hand carried with correspondence to the Transition Point. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 July 2014 / Indefinite b. Age at Enlistment / Education / GT Score: 31 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-6 / 25B10, IT Specialist; 25N30, NODAL Network Systems / 14 years, 6 months, 20 days d. Prior Service / Characterizations: RA, 12 July 2001 to 8 June 2005 / HD RA, 9 June 2005 to 21 September 2006 / HD RA, 22 September 2006 to 3 July 2007 / HD RA, 4 July 2007 to 20 April 2012 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA, Germany, Korea / Iraq (22 April 2003 to 1 July 2004 and 13 March 2007 to 9 November 2007) and Qatar (5 September 2010 to 5 September 2011) f. Awards and Decorations: ARCOM-5, AAM-5, MUC-2, PUCA, AGCM-4, NDSM, GWOTEM, GWOTSM, KDSM, ICM-CS-4, NOPDR, ASR, OSR-5 g. Performance Ratings: 11 September 2013 to 10 September 2014. Fully Capable 11 September 2014 to 10 September 2015, Marginal h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 13 April 2015, reflects the applicant tested positive for DMETH during an Inspection Random (IR) urinalysis testing conducted on 11 March 2015. Law Enforcement Report, dated 26 June 2015, which indicates the applicant was the subject of investigation for wrongful use of Methamphetamine detected by urinalysis. FG Article 15, dated 28 July 2015, for wrongfully using Methamphetamine, a Schedule II controlled substance. The punishment consisted of reduction to E-5, forfeiture of $1,562.00 pay per month for 2 months (suspended), extra duty for 45 days, and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letter from the Department of Veterans Affairs, dated 23 May 2019; Article 15 Punishment Worksheet; 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(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 general (under honorable conditions) and a narrative reason change. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The evidence of records indicates separation action was initiated against the applicant for wrongfully having used Methamphetamine, a Schedule II controlled substance between 1 March 2015 to 11 March 2015. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635- 200 with an under other than 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 635-8, Separation Documents, governs the preparation of the DD Form 214 and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending, that on or about 23 May 2019, the Department of Affairs after a review of applicant's Military Personnel Records and character of discharge letter dated 26 July 2017 used to make a decision to change the characterization of applicant's discharge to Honorable to include but not limited to VA Form 20-0986 Eligibility Determination for character of discharge dated 1 May 2019. The applicant believes the rank on applicant's DD Form 214 should be corrected to reflect applicant's last rank held prior to applicant's Article 15. The applicant was demoted to E-5, however, DD Form 214 reflects a rank of E-1. No document nor action was taken or presented to applicant to reflect a change to the rank of E-1. Under Section 38 CFR 3, 12(d) which states that benefits are not payable where the former service member was discharged due to willful and persistent misconduct. A discharge because of a minor offense will not, however, be considered willful and persistent misconduct if service was otherwise, honest, faithful and continuation of #8/meritorious. The applicant's contentions were noted; however, as noted in the document submitted by the applicant with an application from the Department of Veterans Affairs "The Veterans / (Applicant's) Army service from 12 July 2001 to 1 February 2016, was considered honorable for VA purposes under the provisions of 38 C.F.R. 3.12(d)(4). The claimant (applicant) is entitled to health care benefits under Chapter 17, Title 38 USC and 38 CFR 3.360(a) for any disability determined to be incurred or aggravated during active service from 12 July 2001 to 1 February 2016. The applicant also contends a favorable determination is believed to be warrant in applicant's claim to change the DD Form 214 to reflect Honorable and rank to reflect E-5 rather than E-1, because this was not a violent act or so heinous to be classified as a willful and persistent misconduct. Since applicant served for approximately 14 years without engaging in any actions that would warrant any Articles of conduct tribunals. Applicant served applicant's country for 14 years and seven months which should be a consideration to overturn the final decision set forth in the Article 15 dated 28 July 2015. The applicant's period of good service was noted and the applicant is to be commended. However, it should also be noted again, separation action was initiated against the applicant for the use of Methamphetamine. By violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a noncommissioned officer. 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. The separation authority directed the applicant be discharged with a characterization of service of under other than honorable condition and be reduced to the rank of E-1. As noted by the applicant Army Regulation 600-8-19, paragraph 10-1(e), indicates "When the separation authority determines a Soldier is to be discharged from the Service under other than honorable conditions, he or she will be reduced to the lowest enlisted grade. Board action is not required for this reduction. The CDR having separation authority will, when directing a discharge under other than honorable conditions or when directed by higher authority, direct the Soldier to be reduced to PV1. If discharge is approved under other than honorable conditions but is suspended, the Soldier will not be reduced under this provision. 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 Depression, Anxiety Disorder NOS, Dysthymic Disorder, and a variety of substance abuse diagnosis, which, in the opinion of the Board's Medical Advisor, after applying liberal consideration, could potentially mitigate a discharge. (1) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the applicant has diagnoses of Depression, Anxiety Disorder NOS, Dysthymic Disorder, and a variety of substance abuse diagnoses during military service. (2) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor opined that the medical condition does not mitigate wrongfully using Methamphetamine, a Schedule II controlled substance; the diagnoses of Depression, Anxiety Disorder NOS, Dysthymic Disorder, and a variety of substance abuse do not render an individual unable to appreciate the wrongfulness of their actions and possible consequences. (3) Does the condition or experience outweigh the discharge? N/A b. Response to Contention(s): (1) The applicant seeks relief contending the rank on applicant's DD Form 214 should be corrected to reflect the last rank held prior to applicant's Article 15. The Board determined that the applicant's requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans' Service Organization. (2) The applicant contends the discharge characterization should be changed to Honorable because this was not a violent act or so heinous to be classified as a willful and persistent misconduct. The Board determined that the documents on file insufficiently support an upgrade to Honorable, the applicant's discharge characterization is both proper and equitable. (3) The applicant contends having served applicant's country for 14 years and seven months which should be a consideration to overturn the final decision set forth in the Article 15 dated 28 July 2015. The Board considered this contention during proceedings, but ultimately determined this contention alone is not enough to warrant an upgrade. The discharge is proper and equitable. 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 Depression, Anxiety Disorder NOS, Dysthymic Disorder, and a variety of substance abuse diagnoses did not excuse or mitigate the offenses of wrongfully using Methamphetamine, a Schedule II 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: e. Issue a New DD-214 / Separation Order: No f. Change Characterization to: No Change g. Change Reason / SPD code to: No Change h. Change RE Code to: No Change i. 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 AR20190015635 1