1. Applicant's Name: a. Application Date: 30 March 2020 b. Date Received: 7 April 2020 c. Counsel: 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 through legal counsel requests an upgrade to honorable. The applicant seeks relief contending, in effect, that his discharge should be upgraded on the grounds of inequity because his mental health disorder was a mitigating factor of his misconduct and impropriety because he believes he should have been offered an opportunity for rehabilitation. Therefore, he believes all but one day of his service was in fact honorable. The applicant contends that he was diagnosed with Major Depression Disorder (MDD) with Anxiety in August 2010 and was prescribed medication for his conditions however, the medication was ineffective and provided him no symptom relief. Thus, like many of those who suffered from MDD with Anxiety, he self-medicated. Since his discharge, he has excelled, through behavioral health counseling he has acquired the tools necessary to manage his MDD with Anxiety without the need for prescription medicine or self-medication. As a result, at the time of his application he was enrolled in a doctorate program at the University of South Carolina and was a resource for those who also wanted to excel in his academic career. The applicant acknowledges his own fault in his violation of acceptable conduct; however, he believes a single incident of poor judgment does not rise to the level of misconduct needed to support a discharge of this nature. He humbly asks the board to review the circumstances of his discharge with liberal consideration of his mental health conditions and grant his request for an upgrade to an Honorable characterization of service. He believes he served his country honorably, obtained awards during his time in service, and received outstanding recommendations from his superior officers and peers, all who recognize his talents and value as a leader in both the United States Army and in his community. b. Board Type and Decision: In a records review conducted on 19 April 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, post-service accomplishments, and elapsed time since the discharge. 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: 5 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 October 2013 (2) Basis for Separation: The applicant was informed of the following reason: for having received a Field Grade Article 15 for wrongfully using cocaine on 29 August 2013 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 October 2013 (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 16 October 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 October 2009 / 5 years b. Age at Enlistment / Education / GT Score: 23 / College Graduate /132 c. Highest Grade Achieved / MOS / Total Service: E-5 / 31P10, Cryptologic Linguist / 4 years, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 1 August 2013, reflects the applicant tested positive for COC during an Inspection Unit (IU) urinalysis testing conducted on 10 July 2013. CID Agent's Investigation Report dated 8 August 2013 indicates the applicant was the subject of investigation for testing positive for Cocaine during a random unit urinalysis inspection (UUI). FG Article 15 dated 29 August 2013 for wrongfully using cocaine between on or about 7 July 2013 and 10 July 2013. The punishment consisted of reduction to E-4, forfeiture of $1,096.00 pay per month two months, and extra duty and restriction for 45 days. Report of Mental Status Evaluation dated 9 September 2013 indicates the applicant was diagnosed with an Axis I for Depressive Disorder, chronic; Generalized Anxiety Disorder. It was noted that the applicant could understand and participate in administrative proceedings i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): See Below (1) Applicant provided: Decision letter from the Department of Veterans Affairs, dated 20 August 2014, indicating the applicant has been awarded 30 percent service connect disability for major depression (claimed as acquired psychiatric disorder to include anxiety) based on chronic sleep impairment, anxiety, depressed mood, and occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal). (2) AMHRR Listed: Report of Mental Status Evaluation dated 9 September 2013 indicates the applicant was diagnosed with an Axis I for Depressive Disorder, chronic; Generalized Anxiety Disorder. It was noted that the applicant could understand and participate in administrative proceedings 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; legal brief; self-authored letter; letter of supports; separation packet; unofficial transcript's; Decision Letter from the Department of Veterans Affairs; and DD Form 214 for the period of service under review. 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), 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, paragraph 12c (2), 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 through legal counsel requests an upgrade to honorable. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. Evidence in the AMHRR, indicates separation action was initiated against the applicant for testing positive for the wrongful use of cocaine. 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." The applicant seeks relief contending that his discharge should be upgraded on the grounds of inequity because his mental health disorder was a mitigating factor of his misconduct and impropriety because he believes he should have been offered an opportunity for rehabilitation. The applicant contends that he was diagnosed with Major Depression Disorder (MDD) with Anxiety in August 2010 and was prescribed medication for his conditions however, the medication was ineffective and provided him no symptom relief. Thus, like many of those who suffered from MDD with Anxiety, he self-medicated. The applicant's contentions were noted; evidence in the records indicates the applicant was diagnosed with an Axis I for Depressive Disorder, chronic; Generalized Anxiety Disorder. It was noted that the applicant could understand and participate in administrative proceedings. It should also be noted, although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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: The applicant held in- service diagnoses of Adjustment Disorder with Anxiety and Depressed Mood, Major Depressive Disorder (MDD), and Generalized Anxiety Disorder. He 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 with Anxiety and Depressed Mood, Major Depressive Disorder (MDD), and Generalized Anxiety Disorder. (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's diagnoses do not mitigate the misconduct. Contrary to the applicant's assertion, applicant consistently reported stability with symptoms denying any link between mental health and misconduct. The applicant's misconduct is more likely than not related to a longstanding pattern of alcohol misuse, unrelated to diagnoses, with secondary poor decision making; he used while intoxicated, not to treat mental health issues. (4) Does the condition or experience outweigh the discharge? No. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's Adjustment Disorder with Anxiety and Depressed Mood, Major Depressive Disorder and Generalized Anxiety Disorder do not outweigh the applicant's illegal drug use for the aforementioned reasons. b. Response to Contention(s): The applicant seeks relief contending that his discharge should be upgraded on the grounds of inequity because his mental health disorder was a mitigating factor of his misconduct and impropriety because he believes he should have been offered an opportunity for rehabilitation. The applicant contends that he was diagnosed with Major Depression Disorder (MDD) with Anxiety in August 2010 and was prescribed medication for his conditions however, the medication was ineffective and provided him no symptom relief. Thus, like many of those who suffered from MDD with Anxiety, he self-medicated. The Board considered this contention and, after applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's Adjustment Disorder with Anxiety and Depressed Mood, Major Depressive Disorder and Generalized Anxiety Disorder do not outweigh the applicant's illegal drug use as the behavior conditions were not found to mitigate the illegal drug use. However, the Board did determine that a totality of the applicant's service record and post-service accomplishment do warrant a discharge upgrade. c. The Board determined the discharge is inequitable based on the applicant's length and quality of service, post-service accomplishments, and elapsed time since the discharge. 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. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable based on the applicant's length and quality of service, post-service accomplishments, and elapsed time since the discharge. 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 Board voted to change the RE code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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 AR20200006675 1