1. Applicant's Name: a. Application Date: 18 November 2019 b. Date Received: 22 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 honorable. The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, the requested change will allow the applicant to find gainful employment and to improve the overall quality of life. The applicant had a considerable amount of doing good during the seven-plus years of service. The achievements have come at the cost of the applicant's mental and physical state, while aspiring to become the best Soldier, as evident by surpassing the applicant's peers and leaders of the same MOS. Unfortunately, the applicant paid with his career because the discharge came at the hand of being at the wrong place and at the wrong time. The applicant humbly requests all the submitted documents be thoroughly examined for consideration toward changing the narrative reason for separation. The applicant has endured a great deal in the past year and has gone from the highest point in the career to being separated from the Army. The applicant's performance in the Army will show a high caliber noncommissioned officer and a highly decorated Soldier. The applicant did not knowingly and consciously commit the offense for which the applicant was discharged for. Lastly, the narrative reason requires changed because it is a complete misrepresentation of the applicant's character, and it does not represent the values as a Soldier or as a person. b. Board Type and Decision: In a records review conducted on 17 August 2022, and by a 5-0 vote, the Board, based on the circumstances surrounding the discharge (OBHI diagnosis), determined the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN 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 (Drug Abuse) / AR 635- 200, Chapter 14-12c (2) / JKK / RE-4 / Honorable b. Date of Discharge: 13 January 2020 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 April 2019 (2) Basis for Separation: The applicant was informed of the following reason: The applicant tested positive for cocaine on a urinalysis on 20 August 2018. (3) Recommended Characterization: Honorable. The battalion commander recommended separation with General (Under Honorable Conditions) characterization of service, but to suspend the separation for a period of 12 months. (4) Legal Consultation Date: 2 April 2019 Administrative Separation Board: On 2 April 2019, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon being retained in the US Army. There is no correspondence on the denial of the conditional waiver. On 13 May 2019, the applicant was notified to appear before an administrative separation board and advised of rights. On 29 May 2019, the administrative separation board convened, and the applicant appeared with counsel. The Board found the applicant testing positive for cocaine on 20 August 2018, was supported by a preponderance of the evidence. The board recommended the applicant's discharge with an honorable characterization of service, but to suspend the separation for a period of 12 months. (5) Separation Decision Date / Characterization: 16 July 2019 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 February 2016 / 4 years 92 b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-6 / 25U2P, Signal Support System Specialist / 7 years, 3 months, 20 days d. Prior Service / Characterizations: RA (24 September 2012 - 23 February 2016) / HD e. Overseas Service / Combat Service: SWA / Afghanistan (3 January 2014 - 20 September 2014), (16 September 2017 - 17 May 2018) f. Awards and Decorations: AM, ARCOM-W/C DEV, ARCOM-2, AAM-4, AGCM-2, NDSM, ACM-2CS, GWOTSM, NCOPDR-2, ASR, OSR, NATOMDL-2, MUC g. Performance Ratings: 1 March 2016 - 1 November 2016, Met Standard 2 November 2016 - 1 November 2017, Met Standard 20 December 2017 - 11 June 2018, Met Standard 12 June 2018 - 2 September 2018 - Met Standard h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 18 September 2018, reflects the applicant tested positive for Cocaine, during an Inspection Unit (IU) urinalysis testing, conducted on 20 August 2018. FG Article 15, dated 27 November 2018, for wrongfully using cocaine (between 17 and 20 August 2018). The punishment consisted of a reduction to E-5; forfeiture of $1,462 pay per month for two months (suspended); and, extra duty for 20 days. DA Form 1574-2, Report of Proceedings by Board of Officers, dated 16 July 2019, reflects the administrative separation board found evidence which supports the finding of the applicant testing positive for cocaine on the urinalysis conducted on 20 August 2018. The Board recommended the applicant be separated with an honorable characterization of service, but the separation be suspended for a period not to exceed 12 months. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 with attachments (Memorandum requesting reconsideration, NCOER, separation file (board proceedings/summarized transcript, memorandum requesting to set aside an Article 15, article on urinary excretion of Cocaine), two academic evaluation reports, three NCOERs, five supporting/character references, award documents, promotion orders, and ERB. 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 600-85 defines the Limited Use Policy and states unless waived under the circumstances listed in paragraph 10-13d, Limited Use Policy prohibits the use by the government of protected evidence against a Soldier in actions under the UCMJ or on the issue of characterization of service in administrative proceedings. Additionally, the policy limits the characterization of discharge to "Honorable" if protected evidence is used. Protected evidence under this policy includes: e. 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) 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. (4) 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. (5) 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. 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, misconduct (drug abuse). g. 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. 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 a narrative reason change. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's AMHRR indicates separation action was initiated for testing positive for cocaine on a urinalysis conducted on 20 August 2018, under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with an honorable characterization of service. 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 Processing and Documents, governs 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 contends the narrative reason for the discharge needs changing to allow finding gainful employment and improving the overall quality of life. However, the Board does not grant relief to gain employment or enhance employment opportunities. The applicant had a considerable amount of good service during the seven-plus years of service, achieving, and aspiring to become the best Soldier. The applicant's service accomplishments and the quality of service prior to the incidents that caused the initiation of discharge proceeding will be considered by the board according to the DODI 1332.28. The applicant contends not knowingly and consciously committing the offense for which the applicant was discharged for. 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 applicant contends the current narrative reason is a complete misrepresentation of the applicant's character, and it does not represent the values as a Soldier or as a person. However, the service record indicates the applicant committed a serious discrediting offense, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incident of misconduct adversely affected the quality of the service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 that the applicant has the following potentially-mitigating diagnoses/experiences: Chronic Adjustment Disorder (DO). (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found VA determination of service connection of 50% for applicant's diagnosis of Chronic Adjustment DO establishes that the condition existed during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has a mitigating BH condition, Chronic Adjustment DO (CAD). As there is an association between CAD and use of illicit drugs to self medicate symptoms, there is a nexus between applicant's diagnosis of CAD and applicant's wrongful use of cocaine. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with 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 Chronic Adjustment DO outweighed the wrongful use of cocaine basis for separation. b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs changing to allow finding gainful employment and improving the overall quality of life. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's Chronic Adjustment DO fully outweighing the applicant's wrongful cocaine drug abuse basis for separation. (2) The applicant contends doing good during the seven-plus years of service, as the performance records show a high caliber noncommissioned officer and a highly decorated Soldier. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings along with the totality of the applicant's service record. (3) The applicant contends not knowingly and consciously committing the offense for which the applicant was discharged for. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's Chronic Adjustment DO fully outweighing the applicant's wrongful cocaine drug abuse basis for separation. c. The Board determined that based on the circumstances surrounding the discharge (OBHI diagnosis), the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635- 200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN with a corresponding separation code of JKN, and the reentry code to RE-3. d. Rationale for Decision: (1) The Board voted not to change the characterization of service due to it already being Honorable. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) due to applicant's Chronic Adjustment DO mitigating applicant's wrongful cocaine use, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The Board voted to change the RE code to RE-3 due to applicant's service limiting conditions - Chronic Adjustment DO. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: RE-3 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 AR20200001391 1