1. Applicant's Name: a. Application Date: 17 September 2019 b. Date Received: 7 November 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, that he is seeking a chance to better himself. He knows the things that happened while he was in the military was his fault. However, at the time he was suffering from PTSD and he believes that his PTSD may have affected his judgment. He has been diagnosed with PTSD and depression and received disability at the rate of 70 percent. Since the military he has been sober for close to five years and has graduated college and is currently working on is master's degree. He is unable to use the post 9-11 GI Bill because of his discharge. Also, when he finishes college it would be easier to find employment with an honorable discharge. He has done everything he can to better himself since his time in the military and his hope is that he can put this part of his life behind him. In order to do that, he wants to be able to look back on this portion of his life and know that, yes, he has made mistakes, but he didn't give up on himself. All he ever wanted was to be a soldier in the United States Military and he loved being one. When he came back from deployment in Afghanistan something made his view of the world shift, it became increasingly difficult for his to cope with life in general. The only thing that would numb the pain was alcohol and other substances. He knew even then that he was on a down ward spiral, but he was too proud to ask for help at the time. Since then he has been able to ask for help. He went to treatment for an extended period of time for treatment of PTSD and substance abuse. He has been sober ever since then. The VA has been good to him; if not for the VA he does not know if he would have made it. It was hard but his life is much better these days. He has a loving wife that has stuck by his side through the whole thing and a perfect son who is age 9. The applicant ask that the board please change his characterization of service to honorable and the narrative reason for separation from "misconduct, serious offense" to something less critical. He hopes that what he has shared with the board will help to understand what kind of person that he has become since the military. He hopes to continue to better himself and with the boards help he believes that will be possible. In a records review conducted on 26 July 2021, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 1 July 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 January 2011 (2) Basis for Separation: The applicant was informed of the following reasons: for misconduct-abuse of illegal drugs (on or about 2 September 2010, the applicant while at Yuma Arizona, at the High Altitude Low Opening (HALO) school, the applicant was wrongfully found in possession of multiple illegal substances, to include Lysergic Acid Diethylamide, Spice, Amphetamines, and Hydrocodone. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 15 February 2011, the applicant requested consideration of his case by an administrative separation board. On 14 June 2011, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service or description of separation no less favorable than general (under honorable conditions otherwise referred to a general discharge. (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 22 June 2011 / General (Under Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 December 2006 / 5 years (On 20 April 2009, the applicant extended his enlistment 7 months, giving him a new ETS date of 6 July 2012. b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-6 / 18C20, SF Engineer Sergeant; 12B30 Combat Engineer / 8 years, 5 months, 16 days d. Prior Service / Characterizations: USAR, 16 January 2003 to 12 July 2004 / NA RA, 13 July 2004 to 6 December 2006 / HD e. Overseas Service / Combat Service: Philippines, SWA / Afghanistan (3 April 2005 to 16 April 2006) f. Awards and Decorations: ARCOM-2, AGCM-2, NDSM, ACM-CS, GWOTEM, GWOTSM, NOPDR-2, ASR, SF TAB, CAB g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: CID Reports, dated 22 November 2010 and 19 May 2011 which indicate the applicant was the subject of investigation for wrongful use of Amphetamines, wrongful possession of Lysergic Acid Diethylamide, wrongful possession of Hydrocodone, wrongful possession of Amphetamines, wrongful possession of prescription only drugs, and wrongful possession of Spice. FG Article 15, dated 20 October 2010, for the wrongful use and or possession of illegal drugs, to wit: Lysergic Acid Diethylamide, Spice, Amphetamines, and Hydrocodone, which was in violation of Article 112a, UCMJ. The punishment consisted of reduction to the grade of E-5, forfeiture of $1,291.00 pay per month for two months (suspended), and extra duty and restriction for 45 days. Negative counseling statement for the possession of illegal amphetamines and allegedly using the amphetamines. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Mental Health Evaluation, dated 15 February 2011, indicates the applicant was diagnosed with an Axis I for Major Depressive Disorder, Moderate; Post Traumatic Stress Disorder; ADHD Inattentive Type, Poly-Substance Dependence in Partial Remission. Also Axis II for Antisocial and Narcisstic Traits. It was noted that the applicant was recommended for Warrior Transition Unit for treatment of his PTSD and Major Depressive Disorder, Moderate both of which had not been treated to date. His suitability for continued military service and / or separation would need to be evaluated after he had received treatment. Documents submitted by the applicant from the Department of Veterans Affairs, indicates the applicant has been awarded 70 percent service connected disability for his post-traumatic stress disorder (also claimed as depression) based on difficulty in adapting to stressful circumstances; difficulty in adapting to work; occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood; depressed mood; suicidal ideation; disturbances of motivation and mood; flattened affect; difficulty in adapting to a work like setting; mild memory loss; difficulty in establishing and maintaining effective work and social relationships; chronic sleep impairment; and difficulty in understanding complex commands. 5. APPLICANT PROVIDED EVIDENCE: DD Form 293; DD Form 149; letters from the Department of Veterans Affairs; certificate from the Northeastern State University for the completion of his Bachelor of Arts degree; certificate for recognition as a member of the 2013 President's Honor Roll; letter from the Northeastern Oklahoma A&M College; certificate for the completion of the PAT (Psychiatric Addiction Treatment Program); letter from Central Arkansas Veteran's Health Care System (CAVHS); and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has gone to treatment for an extended period of time for treatment of PTSD and substance abuse and he has been sober ever since then. 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) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) 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. (7) Paragraph 14-12c, states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of "3." 8. DISCUSSION 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 change to his narrative reason for discharge. The applicant's AMHRR of service, the issues and documents submitted with the application were carefully reviewed. The applicant seeks relief contending, that he is seeking a chance to better himself. He knows the things that happened while he was in the military was his fault. However, at the time he was suffering from PTSD and he believes that his PTSD may have affected his judgment. He has been diagnosed with PTSD and depression and received disability at the rate of 70 percent. Since the military he has been sober for close to five years and has graduated college and is currently working on is master's degree. He is unable to use the post 9-11 GI Bill because of his discharge. Also, when he finishes college it would be easier to find employment with an honorable discharge. He has done everything he can to better himself since his time in the military and his hope is that he can put this part of his life behind him. In order to do that, he wants to be able to look back on this portion of his life and know that, yes, he has made mistakes, but he didn't give up on himself. All he ever wanted was to be a soldier in the United States Military and he loved being one. When he came back from deployment in Afghanistan something made his view of the world shift, it became increasingly difficult for his to cope with life in general. The only thing that would numb the pain was alcohol and other substances. He knew even then that he was on a down ward spiral, but he was too proud to ask for help at the time. Since then he has been able to ask for help. He went to treatment for an extended period of time for treatment of PTSD and substance abuse. He has been sober ever since then. The VA has been good to him; if not for the VA he does not know if he would have made it. It was hard but his life is much better these days. He has a loving wife that has stuck by his side through the whole thing and a perfect son who is age 9. The applicant ask that the board please change his characterization of service to honorable and the narrative reason for separation from "misconduct, serious offense" to something less critical. He hopes that what he has shared with the board will help to understand what kind of person that he has become since the military. He hopes to continue to better himself and with the boards help he believes that will be possible. The AMHRR confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant marred the quality of his service for multiple violations of the Uniform Code of Military Justice. The applicant's contentions were noted; the AMHRR and the documents submitted by the applicant indicate the applicant was diagnosed with an Axis I for Major Depressive Disorder, Moderate; Post Traumatic Stress Disorder; ADHD Inattentive Type, Poly-Substance Dependence in Partial Remission. Also Axis II for Antisocial and Narcissistic Traits. The applicant was later awarded by the Department of Veterans Affairs 70 percent service connected disability for his post-traumatic stress disorder (also claimed as depression) based on difficulty in adapting to stressful circumstances. However, it should be noted the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant contends when he finishes college it would be easier to find employment with an honorable discharge. He has done everything he can to better himself since his time in the military and his hope is that he can put this part of his life behind him. The applicant's post- service accomplishments were noted and the applicant is to be commended on his accomplishment in his civilian life. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. c. Counsel / Witness(es) / Observer(s): N/A 10. 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 arrived at this finding based upon the medical advisor's review of the DOD and VA medical records. In-service, the applicant held diagnoses of Antisocial Personality, Anxiety Disorder NOS, Major Depressive Disorder (MDD), and Substance Dependence. While a PTSD diagnosis is listed off and on, the records are incongruent, lack substantiation, and raise validity questions. Post-service, the applicant is service-connected for combat related PTSD. However, treating providers continue to state it is unlikely the applicant has PTSD and have not diagnosed it; rather, providers indicate the applicant has a Personality Disorder which explains misconduct. This supports the in-service diagnosis may have been in error as well and explain the incongruence and confusion. Additional VA diagnoses over time have included Intermittent Explosive Disorder, Partner Relational problems, Major Depressive Disorder (MDD), and multiple Substance Abuse Disorders. (2) Did the condition exist or experience occur during military service? (YES) The applicant had a childhood diagnosis of Conduct Disorder, the counterpart to Antisocial Personality Disorder, and in-service Antisocial Personality traits; this lifelong characterological issue would have been present in-service. Additional diagnoses included Anxiety Disorder NOS, Major Depressive Disorder (MDD), and Substance Dependence. While a PTSD diagnosis is listed off and on, the records are incongruent, lack substantiation, and raise validity questions. (3) Does the condition or experience actually excuse or mitigate the discharge? (NO) Although the applicant has a post-service connection for combat related PTSD, treating providers continue to note the diagnosis is unlikely, choosing not to diagnose it; rather, stating the applicant has a Personality Disorder which explains misconduct. While liberal consideration was heavily weighed and considered, this advisor cannot mitigate the misconduct as records raise both significant concerns about the validity of the applicant's service connected diagnosis and unmistakably outline a Personality Disorder which resulted in significant pre-enlistment misconduct which continued in-service and continues post-service. (4) Does the condition or experience outweigh the discharge? (NO) The Board concurred with the recommendation of the medical advisor and determined that the discharge was outweighed by the confirmed and possible conditions. b. The applicant's contentions of bettering himself and college aspirations were carefully considered by the Board. The Board does not grant relief to gain employment or enhance employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. c. The Board denied the request upon finding the separation was both proper and equitable. The majority of the Board determined that the documentation contained in the AMHRR, as well as evidence submitted by the applicant, and the available medical evidence, did not support a finding that the applicant's discharge was improper or inequitable. 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 voted not to change the applicant's characterization of service because of the inconsistencies in PTSD diagnosis, and history of, including pre-service, misconduct. (2) The board voted not to change the reason for the same reasons. (3) Because the characterization and reason were not changed, the SPD/RE codes will not change. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: SECRETARIAL REVIEWING AUTHORITY: While the Board found your separation was both proper and equitable; as the Secretarial Reviewing Authority, the Deputy Assistant Secretary of the Army (Review Boards) reviewed the findings, conclusions, and the board's recommendation under the authority of Title 10 United States Code Section 1553(b) and Department of Defense Instruction 1332.28 (Discharge Review Board (DRB) Procedures and Standards), enclosure E3.7.1.1.1. The Deputy Assistant Secretary of the Army (Review Boards) found sufficient evidence to upgrade the characterization of service to Honorable. Therefore, your DD Form 214 (Certificate of Release or Discharge from Active Duty) will be corrected by issuing you a new DD Form 214 changing the characterization of service to Honorable. 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 NA - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Reentry 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 AR20200003391 1