1. Applicant's Name: a. Application Date: 27 September 2019 b. Date Received: 21 April 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 reentry code change. The applicant seeks relief contending, in effect, the discharge involved an error, because the applicant was informed, upon completing the 45 days of extra duty punishment and the ASAP (Army Substance Abuse program), the applicant would not be discharged. If not for the error, the applicant would have received a different discharge status. The current discharge has resulted in several injustices. The applicant has been denied gainful employment multiple times although meeting the qualifications. The applicant has not been able to provide adequately for the family of six (spouse and five children). The discharge only allows for lower paying jobs that do not offer seriously needed benefits and has been detrimental to the future financial security. The applicant is unable to use any VA benefits and the Post 911/GI Bill to further the education and improve the quality life for the family. The applicant cannot afford financing the education out of pocket. The applicant admits wrongfully choosing and regrets using marijuana to self-medicate and help cope with the anxiety after returning from Iraq deployment. While being a new parent and a spouse, the applicant missed the family dearly as the paperwork for the family to join the applicant in Alaska had been delayed several times. The applicant accepts full responsibility for the actions as the family has been suffering the immense consequences of the wrongful choice of using marijuana. The applicant has since dedicated time to community service and self-improvement by being head coach of the community's youth baseball and football teams and the privilege to mentor youth in the community. The applicant has learned different coping strategies and has abstained from using marijuana for the betterment of the family and maintaining employment. Recently, waivers were being provided to prior service members with drug abuse and alcohol abuse related discharges to reenlist. Changes to the discharge status would open many beneficial opportunities. Reenlisting would allow the applicant to display great work ethics. The applicant received many accolades, and awards and coins in recognition for great work and accomplishments. b. Board Type and Decision: In a records review conducted on 24 March 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and post service accomplishments outweighed the one-time drug use. 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: 16 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 April 2013 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 April 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 April 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 April 2011 / 4 years b. Age at Enlistment / Education / GT Score: 19 / High School Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 2 years, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait (28 January 2012 - 11 October 2012) f. Awards and Decorations: AAM, NDSM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: A Developmental Counseling Form for illegal use of drugs. Electronic Copy of DD Form 2624, dated 29 January 2013, reflects the applicant tested positive for THC 108 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 16 January 2013. FG Article 15, dated 21 February 2013, for wrongfully using marijuana (between 16 December 2012 and 16 January 2013). The punishment consisted of a reduction to E-1; forfeiture of $200 pay per month for two months; and extra duty for 45 days. Report of Mental Status Evaluation (MSE), dated 19 March 2013, reflects the applicant was cleared for administrative separation action 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 applicant met the criteria for cannabis abuse with no psychiatric diagnosis. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; three third-party letters; and self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant dedicates time to community service and self-improvement by being head coach of the community's youth baseball and football teams and the privilege to mentor young men in the community. The applicant has learned different coping strategies and has abstained from using marijuana. 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 14-12c(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. 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 and a reentry code change. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant's contentions about the discharge involving an error and injustices were carefully considered. The applicant did not submit any evidence, other than the applicant's statement, to support the contentions. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends being denied gainful employment multiple times although meeting the qualifications and the discharge only allows for lower paying jobs which do not offer needed benefits. The Board does not grant relief to gain employment or enhance employment opportunities. The applicant contends not being able to use any VA benefits and the Post 911/GI Bill to further the education and improve the quality life for the family. Eligibility for veterans' 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. The applicant contends wrongfully choosing to use marijuana to self-medicate and help cope with the anxiety after returning from Iraq deployment. The applicant's AMHRR contains no documentation of any behavioral health diagnosis. The applicant did not submit any evidence, other than the applicant's statement, to support the contention the discharge resulted from any medical condition. The AMHRR shows the applicant underwent a mental status evaluation (MSE) on 19 March 2013, which indicates the applicant was mentally responsible and recognized right from wrong. The MSE does not indicate any behavioral health diagnosis. If the applicant desires a personal appearance hearing, it would still be the applicant's responsibility to meet the burden of proof since documentary evidence of a behavioral health diagnosis by a competent medical authority is not available in the official record, for the board's consideration. The applicant contends dedicating time to community service by being head coach of the youth baseball and football teams and mentoring youth in the 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 applicant requests a reentry eligibility (RE) code change because of a desire to rejoin the Military Service and display great work ethics. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-210, 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 contends good service by receiving many accolades, and awards and coins in recognition for great work and accomplishments, including a combat tour. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The third-party statements provided with the application speak highly of the applicant's character and performance and recognize the applicant's good conduct and performing community service after leaving the Army. 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: Adjustment Disorder and Anxiety Disorder. (2) Did the condition exist, or experience occur during military service? Yes. Solely based on applicant's assertion - anxiety. (3) Does the condition or experience actually excuse or mitigate the discharge? Partial. The Board's Medical Advisor applied liberal consideration and opined that the applicant did not have an in-service diagnosis and is not service connected for the post-service diagnosis, none of which are trauma disorders. Accordingly, the applicant does not have a condition for mitigation and even the asserted anxiety in-service would not have impaired cognitive abilities to make conscious choices. The Board's Medical Advisor determined that the medical conditions do not mitigate the basis for separation. However, per ARBA guidelines, the applicant's assertion alone affords partial mitigation. (4) Does the condition or experience outweigh the discharge? No. Based on liberally considering all the evidence before the Board, the ADRB determined that the condition or experience did not outweigh the basis of separation. b. Response to Contention(s): (1) The applicant's contentions about the discharge involving an error and injustices were carefully considered. 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 length and quality of service, to include combat service, and post service accomplishments outweighed the one-time drug use. (2) The applicant contends being denied gainful employment multiple times although meeting the qualifications and the discharge only allows for lower paying jobs which do not offer needed benefits. The Board considered this contention but does not grant relief to gain employment or enhance employment opportunities. (3) The applicant contends not being able to use any VA benefits and the Post 911/GI Bill to further the education and improve the quality life for the family. 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. (4) The applicant contends wrongfully choosing to use marijuana to self-medicate and help cope with the anxiety after returning from Iraq deployment. 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 length and quality of service, to include combat service, and post service accomplishments outweighed the one-time drug use. (5) The applicant contends dedicating time to community service by being head coach of the youth baseball and football teams and mentoring youth in the community. The Board considered this contention and determined that the applicant's post-service accomplishments helped the totality of the applicant's record to outweigh the one-time drug use. (6) The applicant requests a reentry eligibility (RE) code change because of a desire to rejoin the Military Service and display great work ethics. The Board considered this contention and voted to upgrade the RE-code to a RE-3, which is a waivable code. An RE Code of "3" indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army's needs at the time and are required to process waivers of reentry eligibility (RE) codes, if appropriate. (7) The applicant contends good service by receiving many accolades, and awards and coins in recognition for great work and accomplishments, including a combat tour. The Board this contention and recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings along with the totality of the applicant's length and quality of service, to include combat service, and post service accomplishments. c. The Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and post service accomplishments outweighed the one-time drug use. d. The Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and post service accomplishments outweighed the one-time drug use. 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. e. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's length and quality of service, to include combat service, and post service accomplishments outweighed the one-time 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. The SPD code associated with the new reason for discharge is JKN. (3) The RE 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 AR20200005262 1