1. Applicant's Name: a. Application Date: 11 March 2020 b. Date Received: 17 March 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the general, under honorable conditions discharge and a change of the re-entry (RE) code. The applicant seeks relief contending, in effect, post-traumatic stress (PTSD) led him to unravel and make bad decisions. The applicant gives an outline of his military service and states, in part, he saw 268 trauma patients and earned a Combat Action Badge (CAB). He felt that there was a stigma with going to behavioral health; however, he went a few times, but had a difficult time opening up about his experiences. He should have gone to his leadership for help; however, he turned to drugs and alcohol as a way to cope with his recurring dreams and anxiety attacks. He sought treatment after separation from the Army and came to realize that he was a dysfunctional alcoholic and the premise of his drinking was directly related to his PTSD. The applicant states he received a 100-perecnt service connected disability rating from the Department of Veteran Affairs (VA) solely due to his PTSD. In a records review conducted on 30 April 2021, 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, the circumstances surrounding the discharge (OBHI and PTSD diagnoses), and prior period of honorable service. 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), the separation code to 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) c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: between on or about 15 April 2016 and on or about 18 April 2016, wrongfully use methamphetamine. (3) Recommended Characterization: General (under honorable conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 25 October 2017/ General, under honorable conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 October 2010 / 4 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-6 / 68W, Health Care Specialist / 7 years, 1 month, 25 days d. Prior Service / Characterizations: RA, 5 October 2010 - 30 October 2013 / HD Navy, 8 June 2005 - 7 August 2007/ HD e. Overseas Service / Combat Service: SWA / Afghanistan (26 February 2013 - 19 November 2013) f. Awards and Decorations: ACM- 2 CS, ARCOM, AAM-4, AGCM, NDSM, ICM-w/ Arrowhead, GWOTSM, NCOPDR, ASR-2, OSR, NATOMDL, CAB, COA-2, ICM, SSDR g. Performance Ratings: 1 April 2013 - 31 Mach 2014 / Fully Capable 1 April 2014 - 17 October 2014 / Among The Best 18 October 2014 - 17 October 2015 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: FG, Article 15, dated 21 June 2016, for wrongfully using methamphetamine between on or about 15 April 2016 and on or about 18 April 2016. Punishment consisted of reduction to E-5; forfeiture of $520.00 per month for 2 months, suspended, to be automatically remitted if not vacated on or before 23 December 2016; and extra duty for 30 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provides a VA Rating Decision, dated 23 May 2019, which shows the applicant was awarded a service connection disability for PTSD with alcohol abuse with an evaluation of 100-percent, effective 30 November 2017. The applicant also provides a Discharge Diagnosis from Cedar Hill Hospital, which shows the applicant was diagnosed with Alcohol Use D/O, MDD, and PTSF. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, 2 DD Form 214, Personal Statement, VA Rating Decision, Cedar Hills Hospital Discharge Diagnosis, 2 character references, CAB Order, 3 DA Forms 2166-8, 3 DA Form (Service School Academic Evaluation Report), 4 AAM Certificates, ARCOM Certificate, Certificate of Training, Academy of Health Sciences Certificate 6. POST SERVICE ACCOMPLISHMENTS: The applicant states shortly after his discharge he began working towards his Associates of Science in Nursing and began working as a work- study for the VA. The applicant further states he is currently seeking further treatment from VA counselors. 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) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) 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. (7) 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. 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). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of "3." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the General, under honorable conditions discharge to honorable and a change of the RE Code. The applicant's available record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant, as an NCO, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance. The applicant contends PTSD led him to unravel and make bad decisions which led to his separation. However, the available service record contains no evidence of an in-service PTSD diagnosis. The applicant contends VA awarded him a 100-perecnt service connected disability rating for PTSD. The fact that VA has granted the applicant service connection for a medical condition the applicant suffered while on active duty does not support a conclusion that this conditions rendered the applicant unfit for further service at the time of his discharge processing. The available evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant requests his RE code be changed. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of "4." The third party statements provided with the application speak highly of the applicant's character. They all recognize his good character while in the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 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 applicant held in-service diagnoses of Adjustment Disorder and MDD. Post-service, he is service connected for PTSD related to combat. It is unclear if the applicant had a MST; twice in-service he reported the positive UA related to being drugged for sex, but then reported ongoing use due to combat. Additionally, he has not asserted a MST led to the positive UA to the VA. (2) Did the condition exist or experience occur during military service? Yes. The applicant held in-service diagnoses of Adjustment Disorder and MDD. It is unclear if the applicant had a MST; twice in-service he reported the positive UA related to being drugged for sex, but then reported ongoing use due to combat. Additionally, he has not asserted a MST led to the positive UA to the VA. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. Based on liberal consideration, and nexus between PTSD and substance use, the applicant's basis for separation is mitigated. (4) Does the condition or experience outweigh the discharge? Yes. Based on liberal consideration, and nexus between PTSD and substance use, the applicant's basis for separation is mitigated. b. The applicant contends PTSD led him to unravel and make bad decisions which led to his separation. The Board verified this contention was valid, and determined that relief was warranted. c. The Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (OBHI and PTSD diagnoses), and prior period of honorable service. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD diagnosis mitigates his 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, 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 NA - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Reentry 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 AR20200007144 2