1. Applicant's Name: a. Application Date: 21 February 2020 b. Date Received: 4 March 2020 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 and a narrative reason change. The applicant seeks relief contending, in effect, an untreated or mistreated mental health condition along with physical injuries directly affected the reason for discharge. The applicant contends the misconduct was an isolated incident with no other adverse action. The applicant states the narrative reason for discharge is having a negative impact on the ability to obtain employment opportunities. b. Board Type and Decision: In a records review conducted on 31 March 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's Major Depressive Disorder (MDD) mitigated the applicant's Drug Abuse. 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: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 22 November 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 July 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 4 January 2016, the applicant provided a urine sample which tested positive for marijuana. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 12 July 2016 (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 31 October 2016 / General (under Honorable conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 November 2013 / 3 years (Applicant extended for 2 months on 2 June 2014) b. Age at Enlistment / Education / GT Score: HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-5 / 42A10, Human Resources Specialist / 7 years, 27 days d. Prior Service / Characterizations: RA, 26 October 2009 - 19 November 2013 / HD e. Overseas Service / Combat Service: Korea, SWA / Kuwait (3 December 2011 - 29 October 2012) f. Awards and Decorations: ARCOM, AAM-6, AGCM-2, NDSM, GWOTSM, GWOTEM, KDSM, ASR, OSR-2, COA g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD 2624, dated 4 February 2016, reflects applicant tested positive for THC 189 during a unit urinalysis (IU) conducted on 4 January 2016. Law Enforcement Report dated 4 March 2016, reflects the applicant was the subject of investigation for wrongfully possessing and using marijuana. FG Article, dated 24 March 2016, reflects the applicant wrongfully used marijuana between on or about 4 December 2015 and on or about 4 January 2016. The punishment consisted of reduction to specialist/E-4; forfeiture of $1,241 pay per month for 2 months, suspended, to be automatically remitted if not vacated on or before 24 May 2016; extra duty and restriction for 30 days; and an oral reprimand. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: The applicant provides a letter from the Department of Veterans Affairs, dated 2 February 2020, which indicates the applicant has a combined service- connected evaluation of 100-percent. The nature of the applicant's disabilities is not listed. The applicant also provides medical records pertaining to behavioral health conditions or other physical health conditions. (2) AMHRR Listed: A Report of Metal Status Evaluation, dated 21 April 2016, reflects the applicant could understand and participate in administrative proceedings and could appreciate the difference between right and wrong. The applicant was diagnosed with major depressive disorder, recurrent, mild; alcohol dependence, uncomplicated; other problems related to employment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, personal statement, DD Form 214, letter of support, Letter from the Department of Veterans Affairs (VA), Orders 329-00514, dated 25 November 2015, Degree Certificate, DD Form 3822, medical records (over two hundred pages). 6. POST SERVICE ACCOMPLISHMENTS: Applicant reports obtaining bachelor's degree in business administration and pursuing a master's degree in business administration. 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) 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). 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). 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 and a narrative reason change. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant's requests, the narrative reason for the discharge be changed. 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." Army Regulation 635-8, Separation Processing and 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 listed in tables 2-2 or 2-2 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, in effect, an untreated or mistreated mental health condition along with physical injuries directly affected the reason for discharge. The applicant's AMHRR contains documentation which supports a diagnosis of in-service major depressive disorder. The record shows the applicant underwent a MSE on 21 April 2016, which indicates the applicant could appreciate the difference between right and wrong. The MSE was considered by the separation authority. The applicant provides a letter from the Department of Veterans Affairs, dated 2 February 2020, which indicates the applicant has a combined service-connected evaluation of 100-percent. The nature of the applicant's disabilities is not listed. The applicant also provides medical records pertaining to behavioral health conditions or other physical health conditions. The applicant contends the misconduct was an isolated incident with no other adverse action. Army Regulation 635-200, paragraph 3-5, in pertinent part, stipulates circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant states the narrative reason for discharge is having a negative impact on the ability to obtain employment opportunities. The Board does not grant relief to gain employment or enhance employment opportunities. 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: Anxiety Disorder; MDD. (2) Did the condition exist, or experience occur during military service? Yes. The service connection for MDD establishes it occurred 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, MDD. As there is an association between MDD and use of illicit drugs to self-medicate painful emotional symptoms, there is a nexus between applicant MDD diagnosis and 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 MDD outweighed the drug abuse basis for separation for the aforementioned reason. b. Response to Contention(s): (1) The applicant contends an untreated or mistreated mental health condition along with physical injuries directly affected the reason for discharge. 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 MDD outweighing the applicant's misconduct of drug abuse. (2) The applicant contends the misconduct was an isolated incident with no other adverse action. The Board considered this contention and the Board voted to grant relief in the form of an upgrade to the discharge. c. The Board determined the discharge is inequitable based on the applicant's Major Depressive Disorder (MDD) mitigated the applicant's Drug Abuse. 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. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's MDD mitigated the applicant's drug use. 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 mitigating condition is service-limiting. 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: 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 AR20200002984 1