1. Applicant's Name: a. Application Date: 27 December 2019 b. Date Received: 31 December 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, that during the time in the service it was very difficult to cope with the situation the applicant was dealing with during the time. It came to the point where the applicant wanted to take someone's life. The applicant understands this bearing wasn't justifiable at the time and that is the reason why the applicant decided to continue to seek help before requesting a review of the discharge. The applicant asserts being a decent person and could be an even better Soldier. The applicant can assure, if given the chance to have the discharge changed to honorable, the applicant will continue to strive to become better. The applicant is currently seeking help at the Nashville Veterans Administration Campus for PTSD. b. Board Type and Decision: In a records review conducted on 12 October 2022, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on, the association between PTSD and the use of illicit drugs to self-medicate painful emotional symptoms, there is a nexus between the diagnosis of PTSD and the applicant's wrongful use of marijuana. 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, 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 / General (Under Honorable Conditions) b. Date of Discharge: 24 August 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 June 2016 (2) Basis for Separation: The applicant was informed of the following reasons: for between on or about 19 March 2016 and 19 April 2016 wrongfully using marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 June 2016 (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: Memorandum for Commander, Fort Campbell, from the Staff Judge Advocate, dated 11 August 2016, noted in the memorandum that a MEB determined that the applicant suffered from Post-Traumatic Stress Disorder. The MEB found that the applicant's diagnosis existed prior to service and was permanently aggravated by service. The MEB referred the applicant to a PEB. On 11 August 2016, the separation authority having reviewed the Medical Evaluation Board proceedings and the chain of commands recommendations pertaining to the applicant's separation find that the applicant's condition was not a direct or substantial contributing cause of the condition that led to the recommendation for administrative separation, that the circumstance in the Soldier case did not warrant processing under the physical disability system, and that the administrative separation proceedings should continue. It was directed that the applicant be discharged from the US Army with a characterization of service of general (under honorable conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 September 2014 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92G10, Food Service Specialist / 1 year, 11 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Summarized Record of Proceedings Under Article 15, UCMJ, dated 17 September 2015 for without proper authority, through neglect lost his Common Access Card, with a value of less than $500.00 18 August 2015; without authority, failed to go at the time prescribed to his appointed place of duty on 9 August 2015 and x2 on 17 August 2015. The punishment consisted of extra duty and restriction for 7 days. Electronic copy of the DD Form 2624, dated 2 May 2016, reflects the applicant tested positive for THC 4765 during an Inspection Unit (IU) urinalysis testing conducted on 19 April 2016. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 11 January 2016, which indicates the applicant was assessed as no significant risk for harm to himself or others. The applicant was screened for PTSD and TBI IAW OTSG/MEDCOM policy Memo 10-040. Findings were positive for PTSD, non-deployment related, due to previous existing conditions. The applicant did not meet medical retention per AR 40-501 and was therefore not cleared for administrative separation actions under chapter 14-12. It was noted that the applicant would be processed for a Medical Evaluation Board (MEB). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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) 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 14-12c(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 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). 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-4 Applies to: Person separated from last period of service with a nonwaiverable 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 an upgrade to honorable. 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 against the applicant for wrongfully using marijuana. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." The applicant seeks relief contending that during the time in the service it was very difficult to cope with the situation the applicant was dealing with during the time. It came to the point where the applicant wanted to take someone's life. The applicant understands this bearing wasn't justifiable at the time and that is the reason why the applicant decided to continue to seek help before requesting a review of the discharge. The applicant asserts being a decent person and could be an even better Soldier. The applicant can assure, if given the chance to have the discharge changed to honorable, the applicant will continue to strive to become better. The applicant is currently seeking help at the Nashville Veterans Administration Campus for PTSD. The applicant's contentions were noted; the Report of Mental Status Evaluation, dated 11 January 2016, indicates the applicant was assessed as no significant risk for harm to self or others. The applicant was screened for PTSD and TBI IAW OTSG/MEDCOM policy Memo 10- 040. Findings were positive for PTSD, non-deployment related, due to previous existing conditions. The applicant did not meet medical retention per AR 40-501 and was therefore not cleared for administrative separation actions under chapter 14-12. It was noted that the applicant would be processed for a Medical Evaluation Board (MEB). On 11 August 2016, the separation authority having reviewed the Medical Evaluation Board proceedings and the chain of commands recommendations pertaining to the applicant's separation find that the applicant's condition was not a direct or substantial contributing cause of the condition that led to the recommendation for administrative separation, that the circumstance in the applicant's case did not warrant processing under the physical disability system, and that the administrative separation proceedings should continue. It was directed that the applicant be discharged from the US Army with a characterization of service of general (under honorable conditions). It should also be noted; the applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career. The applicant had many legitimate avenues through which to obtain assistance or relief, and there is no evidence in the record that the applicant ever sought such assistance before committing the misconduct which led to the separation action under review. 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 civilian provider documentation and found the following diagnoses which can, under certain circumstances, potentially mitigate or excuse misconduct leading to separation: Anxiety DO, unspecified; Major Depressive Disorder (MDD); PTSD (100% Service Connected by VA). (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found applicant was diagnosed with Anxiety DO, unspecified; MDD and PTSD while in the military. The VA has established service connection (100%) for PTSD. (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, PTSD. As there is an association between PTSD and the use of illicit drugs to self-medicate painful emotional symptoms, there is a nexus between PTSD and the applicant's wrongful use of marijuana. (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 PTSD outweighed the drug use basis for separation, as there is a link between substance abuse to self-medicate painful emotional symptoms. b. Response to Contention: The applicant seeks relief contending that during his time in the service it was very difficult to cope with emotions and homicidal intentions began to surface; knowing that was not acceptable, the applicant turned to elicit drugs for self-medication. The Board determined that this contention was valid and voted to upgrade the characterization of service due to the mitigating BH condition, PTSD. As there is an association between PTSD, and the use of illicit drugs to self-medicate painful emotional symptoms, there is a nexus between the applicant's PTSD and wrongful use of marijuana. c. The Board determined that the characterization of service was inequitable based on, the association between PTSD and the use of illicit drugs to self-medicate painful emotional symptoms, there is a nexus between the diagnosis of PTSD, and the applicant's wrongful use of marijuana. 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, and the reentry code to RE-3 d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because, the association between PTSD and the use of illicit drugs to self-medicate painful emotional symptoms, there is a nexus between the diagnosis of PTSD, and the applicant's wrongful use of marijuana. 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 Board voted to change the RE code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: Yes b. Change Characterization to: Honorable 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 AR20200002667 1