1. Applicant's Name: a. Application Date: 9 March 2020 b. Date Received: 13 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 general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, the applicant was suffering from post-traumatic stress disorder (PTSD) which led to the separation. The applicant began suffering from PTSD after a deployment. The applicant began using alcohol and marijuana to combat intrusive and unwanted memories. The applicant sought help for substance abuse while in the military but was disciplined and separated from the military. The characterization of discharge is negatively affecting the applicant's educational benefits and self-confidence. The applicant has been diagnosed with PTSD with depression and anxiety and is currently receiving care with the Department of Veteran Affairs (VA). b. Board Type and Decision: In a records review conducted on 3 March 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD mitigating the applicant's drug abuse. 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), with a corresponding separation code of JKN. Please see Section 9 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 26 May 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 April 2011 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant wrongfully possessed spice on or about 13 September 2010 and on or about 28 February 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 April 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 July 2010 / Reenlistment Contract NIF b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 119 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11C1P, Indirect Fire Infantryman / 3 years, 10 months, 2 days d. Prior Service / Characterizations: RA, 25 July 2007 - 20 July 2010 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (27 April 2010 - 1 August 2010), Haiti (16 January 2010 - 8 March 2010) f. Awards and Decorations: AAM-2, AGCM, NDSM, ACM-CS-2, GWOTSM, AFSM, HSM, ASR, NATO MDL, Parachutist Badge g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 23 September 2010, reflects the applicant wrongfully possessed spice on or about 17 February 2010. The punishment consisted of reduction to private/E-1, forfeiture of one-half of a months' pay for 2 months; and extra duty and restriction for 45 days. FG Article 15, dated 3 March 2011, reflects the applicant wrongfully possessed spice on or about 17 February 2010. The punishment consisted of forfeiture of $733 pay per month for two months and extra duty and restriction for 45 days A Report of Behavioral Health Evaluation (BHE), dated 18 October 2010, reflects the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was psychologically cleared for any administrative action deemed appropriate by command. i. Lost Time / Mode of Return: None j. Applicant Provided and/or AMHHR Listed PTSD / TBI / Behavioral Health Condition(s): The applicant provides a VA Rating Decision, dated 2 February 2020, reflects the applicant has a service connection for PTSD with persistent depressive disorder, with anxious distress, with major depressive episode, moderate to severe was granted with an evaluation of 50 percent effective 6 June 2019. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, medical documents, VA Rating Decision, dated 20 February 2020, DD Form 214 6. POST SERVICE ACCOMPLISHMENTS: The applicant has been employed by the Department of Veteran Affairs for the past four years and has been a Nationally Certified Pharmacy Technician for the past 6 years. 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, 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. 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's Army Military Human Resource Record (AMHRR), the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade to honorable. The applicant contends, in effect, PTSD led to the separation. The applicant's AMHRR contains no documentation of PTSD diagnosis. The applicant provided a VA Rating Decision, dated 2 February 2020, reflects the applicant has a service connection for PTSD with persistent depressive disorder, with anxious distress, with major depressive episode, moderate to severe was granted with an evaluation of 50 percent effective 6 June 2019. The AMHRR shows the applicant underwent a BHE on 18 October 2010, which reflects the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was psychologically cleared for any administrative action deemed appropriate by command. The MSE did not indicate any diagnosis. The MSE was considered by the separation authority. The applicant contends, in effect, using alcohol and marijuana helped to combat intrusive and unwanted memories. The applicant sought help for substance abuse while in the military but was disciplined and separated from the military. The applicant contends, in effect, characterization of discharge is negatively affecting the applicant's educational benefits and self-confidence. 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. 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 civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: PTSD. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found VA establishment of 50% service-connection for PTSD indicates the condition began/occurred during active military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has a mitigating BH condition, PTSD which mitigates use of Spice, as there is a nexus between PTSD and the use of illicit drugs to self-medicate painful emotional symptoms. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's PTSD outweighed the Spice Abuse basis for separation for the aforementioned reason(s). b. Response to Contentions: The applicant contends PTSD and self-medicating with alcohol and drugs to combat intrusive and unwanted memories led to the separation. The Board considered this contention along with the totality of the applicant's service record. The Board's Medical Advisor reviewed the applicants' DOD and VA health records and found that the applicant is diagnosed with PTSD, which mitigated the abuse of Spice, and relief was warranted c. The Board determined the discharge is inequitable based on the applicant's PTSD mitigating the applicant's drug abuse. 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), with a corresponding separation code of JKN. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD mitigated the applicant's misconduct of unlawful possession and use of Spice. 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 pretext. The SPD code associated with the new reason for discharge is JKN. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: Yes b. Change Characterization to: Honorable c. Change Reason / SPD code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: No Change e. Change Authority to: AR 635-200, paragraph 14-12a Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20200005825 1