1. Applicant's Name: a. Application Date: 10 February 2020 b. Date Received: 17 February 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. The applicant seeks relief contending, in effect, after the second deployment the applicant had a major character change which affected the applicant's impulse control. The applicant struggled greatly with self-control and was unable to get more than a few hours of sleep every night because of nightmares. Every night, the applicant woke up terrified and soaked in perspiration; this lack of sleep most likely served as the impetus for some of the applicant's behavioral problems. The applicant sought assistance from a psychiatrist, a combat stress counselor, a behavior health counselor, and an aid station. The applicant's daytime mental state was not conducive to combat readiness or performing the usual duties and responsibilities because of the prescribed medications. The applicant uses alcohol as a kind of self-medication for sleep problems. The applicant was involved in an improvised explosive device (IED) attack towards the end of the second deployment, which injured several members of the applicant's platoon. The applicant barely remembers limping from the vehicle back to the Contingency Command Post (CCP). At the time, the unit already had three men missing, therefore the applicant chose not to seek medical attention. The applicant is suffering from brain damage because of the IED incident, and that medical attention should have been provided. The applicant is a commercial driver's license (CDL) truck driver, licensed by the State of Indiana as a Life and Health insurance agent/producer and supporting a family. The applicant had issues when applying for employment or contracts with insurance companies and does not have access to Veteran Affairs (VA) benefits because of the characterization of discharge. b. Board Type and Decision: In a records review conducted on 24 February 2023, and by a 5-0 vote, the Board determined that the characterization was inequitable based on the applicant's in-service diagnosis of Anxiety Disorder and trauma mitigating the applicant's misconduct - Drunken Disorderly and Breaking Curfew. 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: 11 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 September 2012 (2) Basis for Separation: The applicant was informed of the following reasons: On 4 May 2012, the applicant received a Field Grade (FG) Article 15 for being drunk disorderly; and, In addition, on 24 August 2012, the applicant received an FG Article 15 for breaking curfew. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 September 2012 (5) Administrative Separation Board: On 11 September 2012, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 21 September 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 March 2008 / 6 years b. Age at Enlistment / Education / GT Score: 20 / GED / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D20 D3 B9, Calvary Scout / 6 years, 2 months, 23 days d. Prior Service / Characterizations: RA, 19 July 2006- 11 March 2008 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (11 May 2007 - 8 July 2008; 11 September 2009 - 28 August 2010) f. Awards and Decorations: ICM-2CS, ARCOM-2, AGCM, NDSM, GWOTSM, KDSM, ASR, OSR-2, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 4 May 2012, for drunk and disorderly which conduct was of a nature to bring discredit upon the Armed Forces (16 March 2012). The punishment consisted of a reduction to E-4 (suspended); forfeiture of $1,133 pay; and extra duty and restriction for 30 days. FG Article 15, dated 24 August 2012, for violating a lawful order, by wrongfully being off the installation between the hours of 0100 and 0500 (13 July 2012). The punishment consisted of a reduction to E-1; forfeiture of $745 pay per month; and extra duty and restriction for 30 days. 26 July 2012, Supplementary Action Under Article 15, in that the suspension of the punishment imposed on the applicant 5 May 2012, was vacated because the applicant violated a lawful general order on 13 July 2012 by wrongfully being off the installation between the hours of 0100 and 0500. Two Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation (MSE), dated 8 August 2012, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong; and met medical retention requirements. The applicant had been screened for PTSD and mTBI with negative results. The conditions were either not present or did not meet AR 40-501 criteria for a medical evaluation board. The command was advised to consider the influence of these conditions. The applicant was diagnosed with: Anxiety Disorder. The ARBA sent an email to the applicant on 21 July 2021, requesting documentation to support a Post-traumatic stress disorder (PTSD) or Traumatic brain injury (TBI) diagnoses. The applicant did not submit any evidence, other than the applicant's statement., 5. APPLICANT-PROVIDED EVIDENCE: Online Application; ARBA email; third-party letters, self- authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is a commercial driver's license (CDL) truck driver, licensed by the State of Indiana as a Life and Health insurance agent/producer and supporting a family. 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 Army Military Human Resource Record (AMHRR), the issues and documents submitted with the application were carefully reviewed. The applicant contends, in effect, the applicant was suffering from PTSD or TBI because of the IED incident, and medical attention should have been provided before the discharge, which ultimately caused the discharge. The applicant did not submit any evidence, other than the applicant's statement, to support the contention the discharge resulted from any mental behavioral health condition. The applicant's Army Military Human Resource Record (AMHRR) contains documentation which supports a diagnosis of in-service Anxiety Disorder. The record shows the applicant underwent an MSE on 8 August 2012, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The MSE was considered by the separation authority. The ARBA emailed the applicant on 21 July 2021 requesting documentation to support a PTSD or TBI diagnoses but received no response from the applicant. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends, in effect, an upgrade of the discharge would allow veterans benefits. Eligibility for veteran's benefits 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. The third-party statement provided with the application speaks highly of the applicant. It recognizes the applicant's good conduct before and after leaving the Army. The applicant contends, in effect, the applicant has obtained employment and is licensed by the State of Indiana as a Life and Health insurance agent/producer and supporting a family. 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. The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. 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. 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: Anxiety Disorder not otherwise stated, Adjustment Insomnia, and Alcohol Abuse. However, a review of records reflects in-service trauma symptoms occurring during and after deployment; it is this advisor's belief the applicant was experiencing a trauma disorder in-service irrespective of the documented diagnosis. (2) Did the condition exist, or experience occur during military service? Yes. The applicant held in-service diagnoses of Anxiety Disorder NOS, Adjustment Insomnia, and Alcohol Abuse. However, a review of records reflects in-service trauma symptoms occurring during and after deployment; it is this advisor's belief the applicant was experiencing a trauma disorder in- service irrespective of the documented diagnosis. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that a review of the in- service records does reflect significant and active trauma symptoms irrespective of the actual diagnosis. Based on liberal consideration, this advisor's belief the applicant was struggling with a trauma disorder in-service, and association between trauma, substance use, avoidance, and difficulty with authority, the basis for separation is mitigated. (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 applicants in service Anxiety Disorder and trauma experience outweighed the applicant's misconduct of Drunk and Disorderly and Breaking Curfew. b. Response to Contention(s): (1) The applicant contends suffering from PTSD or TBI because of the IED incident, and medical attention should have been provided before the discharge, which ultimately caused the discharge. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicants in service diagnosis of Anxiety Disorder fully outweighing the applicant's Pattern of Misconduct - Drunken Disorderly and Breaking Curfew - since there was no medically-backed evidence to support the PTSD/TBI claim. (2) The applicant contends an upgrade of the discharge would allow veterans benefits. 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 (3) The applicant contends obtaining employment and licensed by the State of Indiana as a Life, and Health insurance agent/producer and supporting a family. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicants in service Anxiety Disorder outweighing the applicant's Pattern of Misconduct basis for separation. (4) The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicants in service Anxiety Disorder outweighing the applicant's Pattern of Misconduct basis for separation. (5) The applicant contends good service, including a combat tour. The Board considered, 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 was inequitable based on the applicant's in-service diagnosis of Anxiety Disorder and trauma mitigating the applicant's misconduct - Drunken Disorderly and Breaking Curfew. 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 in service Anxiety Disorder and Trauma Symptoms mitigated the misconduct of being Drunk and Disorderly and Breaking Curfew. 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 / 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 AR20200003096 1