1. Applicant's Name: a. Application Date: 29 January 2020 b. Date Received: 13 February 2020 c. Counsel: 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 a narrative reason change to medically retired. The applicant seeks relief contending, in effect, change military record to indicate the applicant was medically retired. The applicant suffered from multiple service-connected disabilities, including Post Traumatic Stress Disorder (PTSD), at the time of separation. These ailments directly led to the applicant's separation; however, the applicant was administratively discharged instead of separated/retired due to medical issues. The applicant's service-connected PTSD symptoms were the key/significant factor during the time leading up to the applicant's administrative discharge. The applicant did not recognize the PTSD symptoms and did not receive a diagnosis until after the Administrative Discharge Board had ruled to separate. The applicant states the prevailing wisdom at the time of redeployment was it was not a good idea to discuss any sort of mental health struggles because it equaled career suicide in the EOD field. The applicant recalls the Battalion XO at the time saying it was not okay to talk to an Army Chaplain because they would be duty bound to inform the chain of command. The executive officer continued and said, "crazy people cannot be EOD techs" and if the chain of command was made aware of any sort of irregularities in an EOD tech's mental state, their clearance would be suspended. As a result, the applicant was not aware of any individual in old unit who sought counseling. It was not a viable option due to the Army culture which existed at the time. However, the applicant should not have listened and sought out medical help because the applicant struggled with reoccurring nightmares and ensuing sleep deprivation issues, depression, social anxiety, flashbacks, and managing emotions. b. Board Type and Decision: In a records review conducted on 24 March 2023, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's Post Traumatic Stress Disorder mitigated the substance abuse. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. The Board determined the applicant's request for a narrative reason is not a matter within the ADRB purview. 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: Moral or Professional Dereliction / NGR 635-101, Paragraph 9 / NA / NA / General (Under Honorable Conditions) b. Date of Discharge: 31 January 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: The applicant illegally used marijuana resulting in a positive urinalysis test. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: Under the provisions of NGR 635-101, paragraph 9, a board was conducted on 11 through 13 August 2015, to withdraw the federal recognition of the applicant, as a member of the Pennsylvania Army National Guard, for acts of moral or professional dereliction. (6) Separation Decision Date / Characterization: 1 March 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 July 2008 / NIF b. Age at Enlistment / Education / GT Score: 27 / Bachelor's Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-4 / 90A Logistics / 15 years, 1 month, 17 days d. Prior Service / Characterizations: RA, 14 December 2001 - 15 October 2006 / HD e. Overseas Service / Combat Service: SWA / Iraq (1 September 2003 - 21 November 2003) f. Awards and Decorations: MSM-2, ARCOM-3, AAM-4, AFAM, NDSM, GWOTEM, GWOTSM, ASR, PASR g. Performance Ratings: 16 May 2008 - 26 June 2010 / Best Qualified 27 June 2010 - 14 April 2012 / Best Qualified 15 April 2012 - 30 November 2012 / Best Qualified 30 November 2013 - 1 September 2014 / Most Qualified 2 September 2014 - 17 March 2015 / Qualified 1 October 2015 - 30 September 2016 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: The applicant provided a copy of the Memorandum for the President of the Board from the Army Substance Abuse Program Headquarters Carlisle Barracks dated 7 August 2015, which reflects, the applicant was command referred to the Army Substance Abuse Program (ASAP) on 8 April 2015, following a positive urinalysis for THC on 16 October 2014. The applicant was evaluated by Ms. V., on 16 April 2015. A thorough and extended evaluation was completed, including assessment of biological, psychological, and social factors. It was determined the applicant did not meet any criteria which would support a Cannabis Use Disorder. Additionally, there was no evidence of any other form of Substance Use Disorder. During the composing of this letter, per the request of the applicant, there is no record of any positive tests in the official repository for drug and alcohol testing DAMIS (Drug and Alcohol Management Information System). The purported positive test does not exist currently. Memorandum For Mandatory Separation due to loss Federal Recognition dated 2 November 2017, Chief National Guard Bureau has directed the applicant Federal Recognition be withdrawn immediately. Under the provisions of paragraph 6-4c(2), NGR 600-5, the applicant is notified AGR status will also be terminated effective 31 January 2017, due to loss of federal recognition. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provides a copy of a Memorandum from Dunham U.S. Army Health Clinic dated 4 September 2015, which reflects a diagnosis of Adjustment Disorder with Depressed Mood as well as PTSD. The applicant provided a copy of Chronological Record of Medical Care dated 28 October 2016, which reflects a diagnosis of Depression and PTSD. The applicant provided a copy of a VA letter dated 22 July 2019, which reflects the applicant is being treated for combat related PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 149; Narrative statement in support of petition; Self authored letter; VA Letter; Memorandum from Dunham Army Health Clinic; Health Records; Memorandum for President of the Board; Notification of promotion Status; Award Certificates; Memorandum for Correction of Personnel Records; Three Certificate for FBI Laboratory Division; Orders 05-01, OERs; Memorandum for Correction of Personnel Records; Orders 075-057; Memorandum for G1; Award of the Pennsylvania Service Ribbon ; Medical records. Four DA Form 638s; Award of general Thomas J Stewart Medal; Special Order Dated 18 November 2009; Special Order 62; Permanent Orders 333-4; Memorandum for Awarding of Constructive Credit for Advance Operation Course; Service School Academic Evaluation Report; Permanent Order 195-5. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has sought help from the VA. 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 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. (1) Paragraph 2-7, prescribes possible characterizations of service include an honorable, general (under honorable conditions), under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. (2) Paragraph 2-8, prescribes the characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. e. National Guard Regulation (NGR) 600-5 prescribes procedures for selecting, assigning, using, managing, and administering Army National Guard of the United States (ARNGUS) personnel serving on Full Time National Guard Duty (FTNGD) in an Active Guard Reserve (AGR) status under the provisions of Title 32, United States Code. (1) Chapter 6 of NGR 600-5 covers, in pertinent part, release from the Full-Time National Guard Duty Title 32 Active Guard Reserve Program. (2) Paragraph 600-5, 6-4c(2) stipulates the HRO/AGR Manager will notify Soldiers in writing, as soon as practical once the disqualifying condition is identified, that they will be released from active service and identify an effective date. The effective date should provide sufficient time for the Soldier to clear all transition requirements and use their accrued leave. An AGR officer has lost Federal Recognition. (3) NGR 635-101 Section II (Reasons for Action to Withdraw Federal Recognition) states in paragraph 9 (Moral or professional dereliction) that the existence of one or more of the following or similar conditions constitutes moral and professional dereliction and requires withdrawal of Federal recognition from an officer for general unfitness unless the officer successfully proves that recognition should not be withdrawn: 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 medical discharge. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends the narrative reason for the discharge should be changed to medical discharge. The applicant was separated under the provisions of Chapter 6-4c(2), NGR 600-5, with an General (Under Honorable Conditions) discharge. The narrative reason specified by NGR 635-101-5, for a discharge under this paragraph is Moral or Professional Dereliction" Governing regulations stipulate that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends suffered from multiple service-connected disabilities, including Post Traumatic Stress Disorder (PTSD), at the time of separation. The applicant serviced connected PTSD symptoms were the key/significant factor during the time leading up to the applicant's administrative discharge. The applicant's AMHRR contains no documentation of PTSD diagnosis. However, the applicant provided a copy of a Memorandum from Dunham U.S. Army Health Clinic dated 4 September 2015, which reflects a diagnosis of Adjustment Disorder with Depressed Mood as well as PTSD. The applicant provided a copy of Chronological Record of Medical Care dated 28 October 2016, which reflects a diagnosis of Depression and PTSD. The applicant provided a copy of a VA letter dated 22 July 2019, which reflects the applicant is being treated for combat related PTSD. The applicant's AMHRR is void of a mental status evaluation. The applicant contends behavioral health ailments directly led to the applicant's separation; however, the applicant was administratively discharged instead of separated/retired due to medical issues. The Department of Defense disability regulations do not preclude a disciplinary separation, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends good service, including a combat tour. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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: the applicant was diagnosed in-service with Adjustment Disorder, PTSD, and Major Depressive Disorder (MDD). Post-service, the applicant is service connected for combat related PTSD with additional diagnosis of MDD. (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed in-service with Adjustment Disorder, PTSD, and MDD. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that given the nexus between PTSD and substance use as a means of self-medication, the use of illegal drugs (THC) basis for separation is mitigated. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD outweighed the applicant's medically mitigated use of illegal drugs (THC). b. Response to Contention(s): (1) The applicant contends suffered from multiple service-connected disabilities, including PTSD, at the time of separation. The applicant's service-connected PTSD symptoms were the key/significant factor during the time leading up to the applicant's administrative discharge. The Board considered this contention and, after applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD outweighed the applicant's medically mitigated use of illegal drugs (THC). (2) The applicant contends the narrative reason for the discharge should be changed to medical discharge. The Board considered this contention and 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. (3) The applicant contends behavioral health ailments directly led to the applicant's separation; however, the applicant was administratively discharged instead of separated/retired due to medical issues and thus the narrative reason should be changed. The Board considered this contention and 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. (4) The applicant contends good service, including a combat tour. 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. c. The Board determined that the characterization of service was inequitable based on the applicant's Post Traumatic Stress Disorder mitigated the substance abuse. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. The applicant may request a personal appearance hearing to address further 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 determined that the applicant's length and quality of service, to include combat service, and the applicant's Post Traumatic Stress Disorder mitigated the applicant's basis of separation (use of illegal drugs). Thus, the prior characterization is no longer appropriate. This recommendation was forwarded to the NGB for approval. (2) The Board determined a change to the applicant's reason for discharge or accompanying SPD code does not fall within the ADRB purview. 10. BOARD ACTION DIRECTED: a. Issue a New NGB Form 22a: Yes b. Change Characterization to: Honorable c. Change Reason: No Change d. 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 AR20200001624 1