1. Applicant's Name: a. Application Date: 29 April 2020 b. Date Received: 5 May 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 discharge is inequitable with the current PTSD guidelines. The board should review and consider upgrading to honorable due to medical conditions and service. The undiagnosed/misdiagnosed PTSD from combat deployment directly contributed to the current discharge. The PTSD condition started after deployment, as the period of service before deployment is honorable. Upon returning home from deployment, the applicant began to drink in excess, taking unreasonable risks to numb self from the world. The applicant contends having achieved the rank of E-5 under five years and numerous awards. The discharge, based on an isolated incident after serving honorably for over five years and the incident occurring after a combat tour deserves mercy. The one mistake should not destroy the whole life. The applicant further details the contentions in an allied self-authored statement provided with the application. Board Type and Decision: In a records review conducted on 5 April 2023, and by a 5-0 vote, the Board determined that the discharge was improper based on the applicant's PTSD and TBI outweighing the basis for the discharge. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, 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: 7 February 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 January 2012 (2) Basis for Separation: The applicant was informed of the following reasons: Between 19 June and 19 July 2011, the applicant wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions), if not retained. (4) Legal Consultation Date: 11 January 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 January 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 June 2006 / 6 years, 19 weeks b. Age at Enlistment / Education / GT Score: 17 /High School Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B1P, Infantryman / 5 years, 7 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (3 July 2009 - 4 July 2010) f. Awards and Decorations: AGCM, NDSM, ACM-2CS, NCOPDR, ASR, OSR, NATOMDL, CIB g. Performance Ratings: None Service School Academic Evaluation Report, dated 24 November 2010, reflects the applicant achieved course standards for the Warrior Leader Course with superior ratings in written and oral communication, and leadership skills. h. Disciplinary Action(s) / Evidentiary Record: Laboratory Confirmed Biochemical Test Results indicates the applicant submitting a urine sample during an IU (Inspection, Unit) urinalysis on 11 July 2019 resulted in being positive for THC 53 (marijuana) A Developmental Counseling Form for having a positive urinalysis. FG Article 15, dated 12 October 2011, for wrongfully using marijuana (between 19 June and 19 July 2011). The punishment consisted of a reduction to E-4; forfeiture of $1,115 pay per month for two months; and extra duty and restriction for 45 days. Army Substance Abuse Program (ASAP) Enrollment form, dated 17 October 2012, reflects a box-checked reflecting the applicant self-referred in the ASAP; however, at item 16, it noted the clinical psychologist had recommended the applicant be command referred to ASAP. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: The VA disability ratings reflect the applicant receiving a rating of 50 percent service-connected disability for PTSD. (2) AMHRR Listed: Report of Mental Status Evaluation, dated 20 October 2011, reflects the applicant was cleared for administrative separation. The applicant was referred to TBI clinic to assess for traumatic brain injury and to Forensic Psychiatry to assess for PTSD. The applicant had been screened for PTSD and mTBI with positive results. The conditions were either not present or did not meet AR 40-501 criteria for a medical evaluation board. The command was advised to consider the influence of these conditions. The applicant was diagnosed with: "Post-Traumatic Stress Disorder 309.81 (Rule out)". Report of Medical History, dated 12 December 2011, the applicant noted behavioral health issues and the examining medical physician noted in the comments section: The applicant had been seen at mental health for the issues but had not improved. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD form 214; self-authored statement; case separation packet; VA summary of benefits letter; VA disability ratings; five third-party letters; promotion orders; VA healthcare records; VA Mental Health/Psychiatry Notes; and DA Form 2059. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has dedicated the post military life working with nonprofit sectors, six years with HUD/Housing as the Housing Program Manager overseeing 183 units, and with Galilee CDC, followed by being recruited to join the Council of Governments, and currently serving as the Aging Disability Resource Center Specialist, Housing Navigator and as a Board Member on the local Homeless Coalition. 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(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 an upgrade to honorable. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends the undiagnosed/misdiagnosed PTSD from combat deployment directly contributed to the current discharge. The applicant's AMHRR contains documentation which supports a diagnosis of in-service PTSD. The record shows the applicant underwent a mental status evaluation (MSE) / behavioral health evaluation (BHE) on 20 October 2011, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The MSE was considered by the separation authority. The Veterans Administration has granted the applicant service connection for PTSD and medical conditions the applicant suffered while on active duty. The applicant contends the service prior to deployment was honorable as shown by having achieved the rank of E-5 under five years and numerous awards. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends the discharge, based on an isolated incident after serving honorably for over five years and the incident occurring after a combat tour deserves mercy, and the one mistake should not destroy the whole life. Army Regulation 635-200, paragraph 3-5, in pertinent part, stipulates circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The third-party statements provided with the application speak highly of the applicant character and performance. The applicant contends obtaining employment with nonprofit sectors, serving as housing program manager, aging disability resource center specialist, housing navigator, and a member on the local homeless coalition. 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/experiences: Post Traumatic Stress Disorder and mild TBI. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found both PTSD and TBI were diagnosed while applicant was in the service. VA service connection for PTSD establishes they occurred during 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 two mitigating BH conditions, PTSD and mild TBI. As there is an association between PTSD/mTBI and use of illicit drugs to self-medicate painful emotional symptoms, there is a nexus between the applicant's PTSD and mTBI and wrongful use of marijuana. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD and mTBI outweigh the discharge because of the relationship between applicant's behavioral health conditions and the basis for discharge, marijuana use. b. Response to Contention(s): (1) The applicant contends the undiagnosed/misdiagnosed PTSD from combat deployment directly contributed to the current discharge. The Board considered this contention and, applying liberal consideration, determined that that the applicant's PTSD and mTBI mitigate the discharge because of the relationship between applicant's behavioral health conditions and the basis for discharge, marijuana use. (2) The applicant contends the service prior to deployment was honorable as shown by having achieved the rank of E-5 under five years and numerous awards. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD and mTBI mitigating the applicant's drug abuse basis for separation. (3) The applicant contends the discharge, based on an isolated incident after serving honorably for over five years, and the incident occurring after a combat tour deserves mercy and should not destroy the whole life. The Board considered this contention and reviewed th totality of the applicant's service record during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD and mTBI mitigating the applicant's drug abuse basis for separation. (4) The applicant contends obtaining employment with nonprofit sectors and serving as housing program manager, aging disability resource center specialist, housing navigator, and a member on the local homeless coalition. 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 and mTBI mitigating the applicant's drug abuse basis for separation. c. The Board determined that the discharge was improper based on the applicant's PTSD and TBI outweighing the basis for the discharge. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, 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 because the applicant's PTSD and mTBI mitigated the applicant's misconduct of marijuana abuse. 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 AR20200007362 1