1. Applicant's Name: a. Application Date: 11 November 2019 b. Date Received: 15 November 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, a wish to restore honor with an upgrade. The applicant states while deployed, was sexually harassed but did not report it due to shame. The applicant states there is major depression and PTSD from witnessing a battle buddy shoot themselves with the same weapon that same battle buddy's spouse used to commit suicide. The applicant states the patterns of misconduct arose from PTSD, major depression, anxiety, and physical pain. The applicant states having always tried to encompass the military values, however, it was difficult to put on a strong face as an LPN, for the applicant's self and other Soldiers. The applicant states if they knew then what they know now about the conditions, the applicant might still be in the Army now, making someone's life easier and protecting the country. The applicant states while deployed they studied to be a RN which is now one class away. The applicant would like to continue education to be a lifelong learner. The applicant states there were two alcohol related incidents, a DUI, and another related offense due to the applicant trying to drink the mental and physical pain away. b. Board Type and Decision: In a records review conducted on 21 September 2022, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD mitigated a portion of the applicant's misconduct and the totality of the applicant's file including length and quality of service, to include combat service, outweighed the remaining misconduct, which is relatively minor. 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: Pattern of Misconduct / AR 635-200, Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 14 November 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 October 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On 12 December 2016, the applicant failed to report to physical training formation; on 18 December 2016, the applicant operated a vehicle while intoxicated and was arrested for reckless driving by the New Lano Police; on 9 January 2017, the applicant failed to report to the appointed place of duty, the Medical Gunnery Range; on 9 February 2017, the applicant missed a scheduled ASAP appointment; on 5 April 2017, the applicant operated a motor vehicle while driving privileges were suspended by the Garrison Commander; on 10 April 2017, the applicant failed to report to physical training formation; on 5 July 2017, the applicant was arrested for larceny and disorderly conduct; on 30 September 2017, the applicant was drunk and disorderly at building 1935; and on 1 October 2017, the applicant was drunk and disorderly at the Post Exchange. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 17 October 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 November 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 October 2013 / 6 years b. Age at Enlistment / Education / GT Score: 34 / Bachelor's Degree / 120 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68C10 Practical Nurse / 4 years, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait (1 July 2015 - 7 January 2016) f. Awards and Decorations: ARCOM, GCM, NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Ten Developmental Counseling Forms, for various acts of misconduct. Army Substance Abuse Program (ASAP) Enrollment Form, dated 3 January 2017, reflects the applicant was command-referred to ASAP. Memorandum regarding Notification of Suspension of Installation Driving Privileges was issued to the applicant on 3 January 2017 for driving while intoxicated. General Officer Memorandum of Reprimand, dated 6 January 2017, reflects the applicant drove a motor vehicle with a blood alcohol content that was 0.156 percent, in violation of state law on 30 December 2016. The applicant was arrested for operating a vehicle while intoxicated and reckless operation. Receipt for Inmate or Detained Person, dated 5 July 2017, reflects the applicant was arrested and charged with larceny of private property and being drunk and disorderly. Law Enforcement Report - Final, dated 21 July 2017, reflects the applicant committed the offense of larceny of Private Property and being Drunk and Disorderly on 5 July 2017. Report of Mental Status Evaluation, dated 3 October 2017, 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. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; Medical Records; Department of Veterans Affairs Summary of Benefits. 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), 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) 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. (5) 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. (6) Paragraph 14-12b, addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12b, pattern of misconduct. 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-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. 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 honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends while deployed, he was sexually harassed but did not report it due to shame. There is no evidence in the AMHRR the applicant sought assistance or reported the harassment. The applicant contends he suffered from major depression, anxiety, and PTSD. The applicant's AMHRR contains no documentation of a major depression, anxiety, or PTSD diagnosis. The applicant did submit a summary of benefits from the Department of Veterans Affairs that shows a combined service-connected evaluation for 100 percent. The AMHRR reflects the applicant underwent a mental status evaluation (MSE) on 3 October 2017, which indicated the applicant was mentally responsible and could recognize right from wrong and did not annotate a diagnosis. The applicant contends an upgrade would allow educational benefits through the GI Bill. 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. 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: Adjustment Disorder and PTSD. Additionally, the applicant asserts Major Depression, Anxiety, and MST, which may be sufficient evidence to establish the existence of a condition that could mitigate or excuse the discharge. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant's PTSD and Adjustment Disorder existed during service. Additionally, the applicant asserts Major Depression, Anxiety, and MST existed in service. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board's Medical Advisor applied liberal consideration and opined that given the nexus between PTSD and substance use, avoidance, and difficulty with authority, the basis of separation is partially mitigated; FTRs, DUI, driving while license suspended, and drunk and disorderly. However, larceny is not mitigated. Although the applicant was intoxicated during the theft, taking someone's things is neither a progression nor a typical sequela of intoxication. (4) Does the condition or experience outweigh the discharge? Yes. The Board considered the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's PTSD outweighed part of the basis for separation as described above in paragraph 9a(3). The applicant's asserted Major Depression, Anxiety, and MST contradict official records including the applicant's own testimony, thus held little weight without a supporting diagnosis by a qualified medical professional. The remaining misconduct of larceny while drunk was outweighed by the applicant's length and quality of service, to include combat service. b. Response to Contention(s): (1) The applicant contends while deployed, the applicant was sexually harassed but did not report it due to shame. The Board considered this contention and upon review the applicant's medical record found that the applicant provided conflicting reports, and repeatedly denied any MST occurring during service. Further, the applicant's former medical provider noted likely features of a personality disorder. The Board ultimately voted to upgrade the discharge because the applicant's PTSD mitigated and length and quality of service, to include combat service, outweighed the totality of the applicant's misconduct. (2) The applicant contends suffering from major depression, anxiety, and PTSD. The ADRB is not bound by the U.S. Department of Veterans Affairs (VA) decisions. There is no law or regulation which requires that an unfavorable discharge must be upgraded based solely on the Board determination that there was a condition or experience that existed during the applicant's time in service. The Board must also articulate the nexus between that condition or experience and the basis for separation. Then, the Board must determine that the condition or experience outweighed the basis for separation. The criteria used by the VA in determining whether a former service member is eligible for benefits are different than that used by the ARBA when determining a member's discharge characterization. In this case, the Board considered this contention and determined that the applicant's PTSD mitigated and length and quality of service, to include combat service, outweighed the totality of the applicant's misconduct. The Board further determined that the applicant's asserted Major Depression, Anxiety, and MST contradict official records including the applicant's own testimony, thus held little weight without a supporting diagnosis by a qualified medical professional. (3) The applicant contends an upgrade would allow educational benefits through the GI Bill. The Board considered this contention and determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do 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. c. The Board determined the discharge is inequitable based on the applicant's PTSD outweighing the applicant's FTRs, DUI, driving while driving privileges suspended, and being drunk and disorderly; and the totality of the applicant's service record including length and quality of service, to include combat service, outweighed the remaining minor misconduct of taking someone's things while intoxicated. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD outweighed the applicant's FTRs, DUI, driving while driving privileges suspended, and being drunk and disorderly; and the totality of the applicant's service record including length and quality of service, to include combat service, outweighed the remaining minor misconduct of taking someone's things while intoxicated. 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 e. 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 AR20200000883 1