1. Applicant's Name: a. Application Date: 20 December 2019 b. Date Received: 06 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 conditions. The applicant seeks relief contending, in effect, the applicant served in the infantry during the most challenging years where the applicant served from being on a rifle team to a platoon sergeant as well as a brigade master gunner for 14 years of honorable service. The applicant states many peers, subordinates and supervisors struggled with what they personally did and what was witnessed. After the applicant's first deployment, the applicant developed a severe drinking problem, in an attempt to self-medicate. In those years mental health help was looked at as a weakness for a leader, especially in the infantry. The more the applicant deployed the worse it became and as a result of the applicant's DUI, the applicant was removed from the Sergeant First Class promotion list and separated from the Army. Since separation the applicant struggled initially, as the applicant was the sole provider for the family. The applicant finally received the help needed through the VA for PTSD and alcoholism. The applicant is still making strides to a better life. The applicant found immediate employment as a government contractor and is now a partner as a small business owner. Although the applicant's life has gotten significantly better, the nature of the discharge still looms. The applicant is hoping that the board will see the sacrifice as more than just a DUI. 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 PTSD mitigating the applicant's assumed misconduct - DUI. 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 remain as 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 (Serious Offense) / AR 635-200, Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 May 2012 / Indefinite b. Age at Enlistment / Education / GT Score: 30 / 2 Years College / 104 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B10, Infantry / 14 years, 2 months, 21 days d. Prior Service / Characterizations: RA, 23 January 2000 - 29 July 2004 / HD RA, 30 July 2004 - 31 July 2006 / HD RA, 1 August 2006 - 3 November 2006 / HD RA, 4 November 2006 - 20 May 2012 / HD (Concurrent Service) e. Overseas Service / Combat Service: Korea, SWA / Iraq (7 January 2005 - 6 January 2010), Iraq (9 October 2009 - 10 October 2010) f. Awards and Decorations: ICM-3CS, ARCOM-6, AAM-6, MUC, GCM-4, NDSM, GWOTEM, GWOTSM, KDSM, NCOPDR-3, ASR, OSR-4, CIB, EIB g. Performance Ratings: 30 May 2005 - 31 December 2007 / Among the Best 1 February 2008 - 2 June 2008 / Fully Capable 3 June 2008 - 22 October 2009 / Among the Best 23 October 2009 - 22 October 2010 / Among the Best 23 October 2010 - 14 October 2012 / Among the Best 15 October 2012 - 14 August 2013 / Among the Best 15 August 2013 - 20 November 2013 / Among the Best 21 November 2013 - 20 November 2014 / Marginal h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 22 April 2008, applicant reprimanded for driving under the influence of alcohol (blood alcohol content was 0.19) on 23 February 2008. Reprimand permanently filed in AMHRR. Initial Case Report from the Colorado Springs Police Department, dated 1 September 2014, reflects the applicant was arrested for driving under the influence of alcohol. Receipt For Pre-Trial/Post-Trial Prisoner or Detained Person, dated 1 September 2014, reflects the applicant was charged with driving under the influence and driving on a one-way road in the wrong direction. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Confined by Civil Authorities (CCA)," effective 1 December 2014; From "Confined by Civil Authorities (CCA)" to "Present for Duty (PDY)," effective 7 December 2014. FG Article 15, dated 17 December 2014, for being drunk and disorderly on or about 1 September 2014.The punishment consisted of a reduction to E-5 (suspended); forfeiture of $1547 pay per month for two months (suspended); to be automatically remitted if not vacated before 31 January 2015, extra duty for 45 days and oral reprimand. i. Lost Time / Mode of Return: 7 days CCA, 1 December 2014 - 7 December 2014 / AWOL / Apprehension j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of a VA rating decision, dated 11 August 2015, reflecting the applicant was rated at 50 percent disability for PTSD with alcohol use disorder including anxiety. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Department of Veterans Affairs Rating Decision; ERB; copies of military personnel records; Letter from CMD; DD Form 214; Request Pertaining to Military Records. 6. POST SERVICE ACCOMPLISHMENTS: The applicant found immediate employment as a government contractor and is now a partner as a small business owner. 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 prescribes 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). 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-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 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. The applicant's Army Military Human Resource Record (AMHRR), the issues and documents submitted with the application were carefully reviewed. The applicant's AMHRR is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. The applicant's AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated with the applicant's electronic signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of Misconduct (Serious Offense), with a characterization of service of general (under honorable conditions). The applicant contends, in effect, good service, including combat tours. The Board will consider the applicant service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends, in effect, suffering from mental health issues from the multiple deployments and turned to alcohol to self-medicate. The applicant had many legitimate avenues through which to obtain assistance or relief, and there is no evidence in the record that the applicant ever sought such assistance before committing the misconduct which led to the separation action under review. However, it is noted that the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty. The available medical evidence in the record is void of any indication the applicant was suffering from a disabling medical or mental condition during the discharge processing, warranting separation processing through medical channels. The applicant contends obtaining immediate employment as a government contractor and is a partner as a small business owner. 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. 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: combat related PTSD with additional diagnoses of Major Depressive Disorder (MDD), Alcohol Use Disorders, and ongoing assessment for Personality Disorder. While one Sponsor EFMP note indicates the applicant asserted civilian diagnoses of Schizophrenia and Bipolar Disorder, there are no supporting records and all prior and subsequent VA appointments do not contain these diagnoses. (2) Did the condition exist or experience occur during military service? Yes. The applicant is service-connected for PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that given the nexus between trauma and substance use, the basis for separation is mitigated. (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 applicant's DUI for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends suffering from mental health issues from multiple deployments and turned to alcohol to self-medicate. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD mitigating the applicant's alcohol offense. (2) The applicant contends good service, including combat tours. The Board considered this contention of service-related merit during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD outweighed the applicant's DUI. (3) The applicant contends obtaining immediate employment as a government contractor and is a partner as a small business owner. The Board considered this contention of post-service accomplishments during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD outweighed the applicant's DUI. c. The Board determined the discharge is inequitable based on the applicant's PTSD mitigating the applicant's assumed misconduct - DUI. 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 remain as RE-3. 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 substance abuse, which the Board voted the accepted basis for separation was DUI. 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, 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: 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 AR20200006546 1