1. Applicant's Name: a. Application Date: 21 May 2020 b. Date Received: 26 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 or a medical discharge, and changes to the separation program designator (SPD), reentry eligibility (RE) code, and narrative reason. The applicant seeks relief contending, in effect, after the applicant's first tour of duty the applicant was wounded by gunfire and was administered two doses of morphine on the battlefield by a combat medic followed by two doses of fentanyl by another medic at the green zone. While induced the applicant no longer felt pain in the arm after being shot. The applicant began suffering from post-traumatic stress disorder (PTSD) symptoms and was afraid to admit it to the chain of command. Unfortunately, whether if the pain was either mental or physical, the applicant always turned to drugs as a form of self-medicating, in comparison to the drugs administered by the medics. The applicant continuously had difficult and stressful moments almost every day. This condition got worse after the applicant's second tour and the applicant did not know how to take the necessary steps to explain to the new chain of command that help was needed. b. Board Type and Decision: In a records review conducted on 14 June 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's Post Traumatic Stress Disorder outweighing the applicant's illegal drug abuse. 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. The Board determined the reentry code is proper and equitable and voted not to change it. 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: 17 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant wrongfully used cocaine between on or about 2 January 2012 and 5 January 2012. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 28 March 2012 (5) Administrative Separation Board: On 28 March 2012, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than an honorable discharge. On 1 August 2012, the president of the administrative separation board was notified of the detail to perform as the board president to determine whether the applicant should be separated from the Army prior to the applicant's current expiration term of service. Notification to the applicant to appear before the administrative separation board is not in the applicant's Army Military Human Resources Record (AMHRR). On 30 August 2012, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 27 September 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 January 2009 / 4 years b. Age at Enlistment / Education / GT Score: 21 / High School Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 6 years, 8 months, 17 days d. Prior Service / Characterizations: RA, 31 January 2006 - 8 January 2009 / HD RA, 9 January 2009 - 17 October 2012 / GD e. Overseas Service / Combat Service: SWA / Iraq (6 April 2007 - 6 June 2008; 15 September 2009 - 31 August 2010) f. Awards and Decorations: ICM-2CS, ARCOM-2, PH, AAM, MUC, AGCM, NDSM, GWOTSM, NCOPDR, ASR, OSR-2 g. Performance Ratings: 1 October 2009 - 30 September 2010 / Fully Capable 1 October 2010 - 30 September 2011 / Fully Capable 1 October 2011 - 28 February 2012 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 19 January 2012, reflects the applicant tested positive for COC 157 (cocaine), during an Inspection Random (IR) urinalysis testing, conducted on 5 January 2012. Developmental Counseling Form, dated 28 January 2012, reflects the applicant was counseled for testing positive for cocaine on 5 January 2012. The applicant would be recommended for a FG Article 15, a flag, command enrollment in the Army Substance Abuse Program (ASAP), and administrative separation under AR 600-85, paragraphs 1-7c(7), 3-3a, 4-2, and 10-6. Report of Mental Status Evaluation (MSE), dated 11 February 2012, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong; and met medical retention requirements. The applicant had been screened for PTSD and mild traumatic brain injury (mTBI) with negative 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, if present, when determining final disposition. The applicant was already command referred to ASAP and should continue follow-up appointments. FG Article 15, dated 27 February 2012, for wrongfully using cocaine between on or about 2 and 5 January 2012. The punishment consisted of a reduction from E-5 to E-4; forfeiture of $1,133.00 pay per month for 2 months (suspended); extra duty for 45 days; and an oral reprimand. Electronic Copy of DD Form 2624, dated 10 May 2012, reflects the applicant tested positive for THC 52 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 26 April 2102. Electronic Copy of DD Form 2624, dated 4 June 2012, reflects the applicant tested positive for THC 40 (marijuana), during an Inspection (IU) urinalysis testing, conducted on 21 May 2012. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: Veterans Affairs (VA) Disability rating decision, dated 13 May 2019, reflecting the applicant was rated 70 percent disability for PTSD with unspecified depression disorder (claimed as PTSD combat issues). (2) AMHRR Listed: MSE as described in previous paragraph 4h. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; two self-authored response letters; two non-commissioned officer evaluation reports; VA Benefits letter; VA rating decision letter; testament of achievements; San Antonio College Academic Transcript; combat records; VA Form 21-078; Enlisted Record Brief; Army Achievement Medal; two memorandums in support of conditional waiver for administrative separation board. 6. POST SERVICE ACCOMPLISHMENTS: The applicant stopped using drugs and received help from the VA for PTSD, physical and mental health issues. In 2017, the applicant enrolled at San Antonio College and within 3 years completed an associates in arts in fall 2020. The applicant will continue to further education in technology at the University of Texas A and M in San Antonio in fall 2022. In addition, the applicant is employed by the Defense Commissary Agency as a store associate. 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 or a medical discharge, and changes to the SPD, RE code, and narrative reason. The applicant's AMHRR, the issues, and documents submitted with the application were carefully reviewed. The applicant's request for a medical discharge does not fall within this board's purview. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends, in effect, the narrative reason for the discharge should be changed. 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." Army Regulation 635-8, Separation Processing and Documents, governs preparation of the DD Form 214, and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends, in effect, the SPD code should be changed. The SPD codes are three- character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DoD and the Military Services to assist in the collection and analysis of separation data. The SPD Codes are controlled by OSD and then implemented in Army policy AR 635-5-1 to track types of separations. The SPD code specified by Army Regulations for a discharge under Chapter 14, paragraph 14-12c(2), is "JKK." The applicant contends, in effect, the RE code should be changed. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on AR 601-210, the applicant was appropriately assigned an RE code of "4." An RE code of "4" cannot be waived, and the applicant is no longer eligible for reenlistment. The applicant contends, in effect, the applicant was wounded by gunfire after the applicant's first tour of duty. The applicant provided a casualty feeder card, dated 26 August 2007, and medical documents that reflect the applicant received a gunshot wound from enemy forces to the left arm, which retained fragment. The applicant's AMHRR shows the applicant was awarded the Purple Heart for wounds received as a result of enemy or hostile actions on 26 August 2007. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends, in effect, the applicant turned to drugs as a form of self-medicating for mental and physical pain, after being wounded during a deployment to Iraq in 2007. The applicant was command referred to ASAP. Prior to being command referred to ASAP, the applicant's AMHRR does not reflect evidence the applicant ever sought assistance. The applicant had many legitimate avenues through which to obtain assistance such as self-referral to ASAP. The applicant contends, in effect, the applicant began suffering from PTSD symptoms after the applicant's first tour to Iraq in 2007. The applicant provided a VA Disability rating decision, dated 13 May 2019, reflecting the applicant was rated 50 percent disability for PTSD with unspecified depression disorder (claimed as PTSD combat issues). The applicant's AMHRR shows the applicant underwent a MSE on 11 February 2012, which indicates the applicant was mentally responsible and recognized right from wrong. The MSE does not indicate any diagnosis. The MSE was considered by the separation authority. The applicant's AMHRR contains no documentation of a PTSD diagnosis. 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 diagnosis of Depression with Anxiety. Post-service, the applicant is 70% service connected for combat related Post Traumatic Stress Disorder. (2) Did the condition exist or experience occur during military service? Yes. The applicant held in-service diagnosis of Depression with Anxiety. (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. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD outweighed the applicant's illegal drug abuse. b. Response to Contention(s): (1) The applicant contends suffering from PTSD symptoms after the applicant's first tour to Iraq in 2007. The Board liberally considered this contention and determined that the applicant's PTSD outweighed the applicant's illegal drug abuse. Therefore, a discharge upgrade is warranted. (2) The applicant contends turning to drugs as a form of self-medicating for mental and physical pain, after being wounded during a deployment to Iraq in 2007. The Board liberally considered this contention and determined that it is valid. Therefore, a discharge upgrade is warranted. (3) The applicant contends the narrative reason for the discharge and reentry code should be changed. 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 fully outweighing the applicant's drug abuse basis for separation c. The Board determined the discharge is inequitable based on the applicant's Post Traumatic Stress Disorder outweighing the applicant's illegal drug abuse. 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. The Board determined the reentry code is proper and equitable and voted not to change it. However, the applicant may request a personal appearance hearing to address further issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD outweighed the applicant's misconduct of cocaine 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 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: 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 AR20200007623 1