1. Applicant's Name: a. Application Date: 3 March 2019 b. Date Received: 10 March 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is honorable. The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, he was honorably discharged and in effect, the narrative reason should reflect that. b. Board Type and Decision: In a records review conducted on 5 May 2023, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is now inequitable based on the applicant's length, quality, and combat service mitigated the applicant's misconduct - Drug Abuse: applicant's tested positive for cocaine. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. Please see Section 9 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Chapter 14-12c (2) / JKK / RE-4 / Honorable b. Date of Discharge: 21 June 2019 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 April 2019 (2) Basis for Separation: The applicant was informed of the following reasons: for testing positive for cocaine on 5 October 2018 on a urinalysis test. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 April 2019 (5) Administrative Separation Board: On 3 April 2019, the applicant requested a personal appearance before an administrative separation board and to have his case considered. On 14 May 2019, the applicant was notified to appear before an administrative separation board and advised of rights. On 20 May 2019, the administrative separation board convened, and the applicant appeared with counsel. The Board determined the applicant did commit the offense of wrongfully using an illegal drug mainly cocaine. The board recommended the applicant's discharge with characterization of service of honorable conditions. On 5 June 2019, the separation authority approved the findings and recommendations of the administrative separation board. (6) Separation Decision Date / Characterization: 5 June 2019 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 October 2012 / Indefinite b. Age at Enlistment / Education / GT Score: 30 / One Year of College / 104 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B34, Infantryman / 17 years, 9 months, 22 days d. Prior Service / Characterizations: RA, 20 August 2001 - 22 April 2004 / HD. RA 23 April 2004 - 3 November 2008 / HD RA 4 November 2008 - 1 October 2012 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Iraq (28 October 2002 - 1 August 2003), Iraq (21 January 2005 - 7 January 2006), Iraq (15 October 2009 - 14 October 2010), Afghanistan (7 February 2012 - 10 October 2012) f. Awards and Decorations: AAM-3, PUC, ASUA-2, AGCM-5, NDSM, AFEM, GWOTEM, ACM-2CS, ICM-4CS, NCOPDR-2, ASR, OSR-3, CIB The applicant's AMHRR reflects awards of the ARCOM-6, NATOMDL and GWOTSM, however, the awards are not reflected on the DD Form 214. g. Performance Ratings: April 2004 - March 2006 / Fully Capable 1 April 2006 - 31 July 2006 / Among the Best 1 August 2006 - 30 April 2008 / Fully Capable 1 May 2008 - 23 August 2009 / Among the Best 24 August 2009 - 1 August 2010 / Marginal 2 August 2010 - 21 November 2011 / Fully Capable 22 November 2011 - 21 November 2013 / Among the Best 22 December 2013 - 21 December 2014 / Fully Capable 22 December 2014 - 21 December 2015 / Among the Best 22 December 2015 - 21 December 2016 / Far Exceeded Standard 22 December 2016 - 21 December 2017 / Exceeded Standard h. Disciplinary Action(s) / Evidentiary Record: One Developmental Counseling Form, for Drug and Alcohol referral. Providence Health Document, dated 6 October 2018, reflects applicant tested negative for opiates, barbiturates, amphetamines, cocaine, and cannabinoids on 6 October 2018. Electronic Copy of DD 2624, dated 9 November 2018, reflects applicant tested positive for COC-140 during an inspection unit (IU) urinalysis conducted on 5 October 2018. Law Enforcement Sensitive Report, dated 27 November 2018, reflects an investigation established the applicant committed the offense of testing positive for Cocaine during a unit urinalysis. The applicant declined to participate in a polygraph examination. FG Article 15 dated 2 January 2019, for wrongfully using cocaine on or about 5 October 2018. The punishment consisted of a reduction to E-5, suspended, to be automatically remitted if not vacated on or before 14 July 2019; forfeiture of $1698 pay per month for two months, suspended, to be automatically remitted if not vacated on or before 14 July 2019; and extra duty for 45 days and restriction to the limits of company area, dining/medical facility, and place of worship for 45 days, suspended, to be automatically remitted if not vacated on or before 14 July 2019; Oral reprimand. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): None (1) Applicant provided: NA (2) AMHRR Listed: NA 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214; case separation packet; copies of patient provider notes; Laboratory Documentation Packet. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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) 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. (4) 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. (5) 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 a narrative reason change. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant 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 an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-8, Separation Processing and Documents, governs 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. The applicant contends, in effect, the applicant was honorably discharged and in effect, the narrative reason should reflect that. Of note, on 10 March 2020, a memorandum was sent voiding the DD Form 214 (enclosure) that was sent to the applicant because it was finalized with the wrong characterization of service in block 24. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially mitigating diagnoses/experiences: The applicant held in-service diagnoses of Adjustment Disorder and Major Depressive Disorder (MDD). Post- service, the applicant is service connected for MDD. (2) Did the condition exist, or experience occur during military service? Yes. The applicant held in-service diagnoses of Adjustment Disorder and Major Depressive Disorder (MDD). (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that the applicant denied using the drug negating the need for medical mitigation. However, in still considering the applicant's MDD, there is no evidence the condition impaired his cognitive capabilities as evidenced by the multiple daily behavioral health contacts while in IOP which outline intact processes and problem solving. (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contention(s): The applicant contends, in effect, the applicant was honorably discharged and in effect, the narrative reason should reflect that. The Board considered this contention in the board proceedings, and relief was granted based on the applicant's length, quality, combat service and prior period of honorable service. c. The Board voted to change the narrative reason for the applicant's separation and directed the issuance of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. However, the applicant may request a personal appearance hearing to address further issues before the Board. 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 determined the discharge is proper and equitable with a Character of Honorable, therefore is no further relief available. The narrative reason for the applicant's separation is now inequitable based on the applicant's length, quality, and combat service mitigated the applicant's misconduct - Drug Abuse: applicant's tested positive for cocaine. (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: No Change 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 AR20200005474 1