1. Applicant's Name: a. Application Date: 13 February 2020 b. Date Received: 25 February 2020 c. Counsel: 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, a narrative reason change to SA along with a change of the re-entry (RE) and separation program designator (SPD) codes. The applicant seeks relief contending, in effect, the applicant's discharge is inequitable and should be upgraded because the discharge that led to the separation was a direct result of post-traumatic stress disorder (PTSD). To alleviate the PTSD symptoms, the applicant self-medicated by drinking more heavily. One night while intoxicated, the applicant accepted an offer of cocaine as a different form of medication. The applicant had never used cocaine previously and has not used it since. Despite the applicant's strong background and performance in service, the applicant was discharged for that one incident. The applicant's counsel also contends that after being assaulted by an unknown fellow Soldier while deployed to Afghanistan, the applicant began to exhibit symptoms of PTSD. Due to the PTSD, the applicant has and continues to face significant distress or impairment in social, occupational, or other areas of functioning. The applicant's counsel also contends the PTSD excuses and mitigates the applicant's misconduct because the misconduct was an attempt to self- medicate and alleviate the PTSD symptoms and the PTSD outweighs the misconduct. The applicant's counsel asserts that even if the discharge is not upgraded, the applicant's narrative reason for separation is inequitable and should be changed because the misconduct was a direct result of PTSD. The applicant's current narrative reason for separation has caused the applicant difficulty moving forward both professionally and personally. Obtaining a discharge upgrade would help the applicant obtain the education needed to become a business owner. When taking into consideration the applicant's circumstances and the resulting PTSD, the ADRB must give liberal condition and the applicant's unfortunate experiences as mitigating factors in the one-time use of an illegal substance to self-medicate the PTSD. In a records review conducted on 7 May 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (Anxiety Disorder, MDD, and Psychosis diagnoses), prior period of honorable service, and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to 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: 30 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 March 2014 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant wrongfully used cocaine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 March 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 April 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 March 2011 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D, Cavalry Scout / 2 years, 5 months, 8 days d. Prior Service / Characterizations: ARNG, 7 December 2010 - 22 March 2011 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (26 December 2012 - 23 August 2013) f. Awards and Decorations: ACM-CS, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 31 January 2014, reflects the applicant tested positive for COC 142 (cocaine), during an Inspection Unit (IU) urinalysis testing, conducted on 8 January 2014. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, Counsel's Brief, two Letters of Support, Wilkie Memo, Kurta Memo, Hagel Memo, DD Form 214, Applicant's Statement, ARCOM Certificate, Information on Applying for a California License. 6. POST SERVICE ACCOMPLISHMENTS: Counsel reports the applicant has consistently held jobs in corporate sales and hopes to one day be a business owner. The applicant's counsel also states the applicant volunteers at church. 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, misconduct (drug abuse). f. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of "4." 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, a narrative reason change to SA along with a change of the re-entry (RE) and separation program designator (SPD) codes. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's counsel contends PTSD contributed to the applicant's misconduct and discharge from the Army. The applicant's AMHRR contains no documentation of PTSD diagnosis. Counsel contends the narrative reason for the discharge needs to 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 635-5, Separation Documents, governs 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 as listed in tables 2-2 or 2- 3 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. Counsel contends the RE code should be changed. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross-Reference Table, the applicant was appropriately assigned an RE code of "4." An RE code of "4" cannot be waived, and the applicant is no longer eligible for reenlistment. The applicant's counsel contends there was honorable service and outstanding performance. The Board considered the service accomplishments and the quality of service. Counsel contends the event which led to the discharge from the Army was an isolated incident. Army Regulation 635-200, 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 applicant contends an upgrade of the discharge would allow eligibility for the use of educational 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. Counsel contends the applicant since the discharge has obtained employment and volunteers in his community. 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 third party statements provided with the application speak highly of the applicant's character as a Solider and civilian. 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 applicant is post service diagnosed with Anxiety Disorder, unspecified; Major Depressive Disorder (MDD), recurrent, moderate; PTSD (related to childhood and military/combat related trauma); Unspecified Psychosis and a mild TBI. These conditions, several service related, when compounded present evidence of mitigation of the discharge. (2) Did the condition exist or experience occur during military service? (YES) While some conditions could have been pre-service or post-service, the preponderance of evidence suggest that conditions were worsened or emerged during service. (3) Does the condition or experience actually excuse or mitigate the discharge? (YES) The applicant has two mitigating BH conditions, PTSD and TBI. As both of these conditions are associated with the use of illicit medications to self-medicating symptoms, there is a nexus between these conditions and the applicants wrongful use of cocaine. (4) Does the condition or experience outweigh the discharge? (YES) While drug use is prejudicial to good order and discipline and was not consistent with the Army's standards, the nature of the misconduct does not outweigh the mitigating conditions. b. The ADRB determined that the applicant's characterization of service was inequitable as the applicant had undiagnosed conditions that mitigated the misconduct. The basis is accurate for a separation, but the characterization and reason do not reflect the Soldiers condition and mitigations. c. The applicant's counsel contends the incident that caused the discharge was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. However, the incident and therefor the discharge is mitigated by the applicants documented conditions. d. The applicant's counsel contends that there was honorable service and outstanding performance. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. e. The applicant contends that an upgrade of the discharge would allow eligibility for the use of educational benefits. 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. f. The third party statements provided with the application speak highly of the applicant's character as a Solider and civilian. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command 10. Rationale for Decision: (1) The board voted to change the applicant's characterization of service because the characterization was inequitable given the length and quality of overall service and having mitigating BH conditions. (2) The board voted to change the reason to JKN, Minor Infractions. This reflects mitigation. (3) Because the characterization and reason were changed, the RE code is now 3. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / RE-3 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 AR20200004963 7