1. Applicant's Name: a. Application Date: 26 February 2020 b. Date Received: 23 September 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: 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, that as a Soldier he was dealing with PTSD, depression, and other mental disabilities that made him lead to misconduct. The applicant contends that he was afraid and prideful to ask for help especially dealing with so much death and loss at the time. He came back home from deployment and so much was going on and he tried to reach out for help in respect to his mental health. In a records review conducted on 19 January 2022, and by a 4 - 1 vote, the Board determined the discharge is improper based on the applicant's length of service and the circumstances surrounding the discharge (MST, PTSD, and OBH diagnoses). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, Chapter 15, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 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: 28 March 2019 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 February 2019 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully using marijuana on divers occasions (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 March 2019 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 March 2019 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 June 2017 / 3 years, 30 weeks b. Age at Enlistment / Education / GT Score: 21 / 2 years' college / 101 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25Q10, Multichannel Transmission Systems Operator Maintainer / 1 year, 9 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of DD Form 2624, dated 17 August 2018, reflects the applicant tested positive for THC 113 during a Probable Cause (PO) urinalysis testing conducted on 8 August 2018. FG Article 15, dated 19 September 2018, for the wrongful use of marijuana, a schedule I controlled substance between 8 July 2018 and 8 August 2018. The punishment consisted of reduction to E-1, forfeiture of $819.00 pay per month for two months (suspended), and extra duty and restriction for 45 days. Evidence in the records shows the applicant received a drug testing on 4 December 2018, which was coded Inspection Unit (IU), the results are unknown. Electronic copy of DD Form 2624, dated 14 January 2019, reflects the applicant tested positive for THC 40 during a Rehabilitation (RO) urinalysis testing conducted on 18 December 2018. Several negative counseling statements for misuse of drugs and other acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Medical documents submitted by the applicant page (147 of 187) the applicant makes reference to when asked if he had Military Sexual Trauma; he answered yes, and reported that he suspected he was raped while he was drunk one night in his barracks. He reported seeing blood on his sheets and experienced anal pain. He reported he was never checked out medically for not wanting to tell anyone. Page (150 of 187) notes that the applicant had indicated that he had received outpatient mental health care during his military service. He indicated that he was diagnosed with PTSD and Bipolar Disorder. He was prescribed medications but did not like the side effects. Report of Mental Status Evaluation, dated 20 November 2018, indicates the applicant was diagnosed with F10.20 Alcohol Use Disorder, Severe (Alcohol Dependence) (Medical Record) and F43.20 Adjustment Disorder, Unspecified (Medical Record). It was noted that the applicant met retention requirements of Chapter 3, AR 40-501 and did not warrant disposition through medical channels or medical administrative actions. In other words, the applicant did not meet criteria for MEB/PEB or an administrative Chapter 5-13 or 5-17. The applicant did not demonstrate psychiatric condition that would appear to impair judgment, reliability, and / or ability to distinguish right from wrong. The applicant was cleared from a psychological standpoint, therefore, he was cleared for any administrative action deemed necessary by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and post service medical documents (in an amount over 600 pages) 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), sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Service-member discharged from active military service within 15 years of the Service-member'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(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. (8) Chapter 15 provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memoranda. Secretarial separation authority is normally exercised on a case-by-case basis. 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. DISCUSSION 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 AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. The records indicates separation action was initiated against the applicant for wrongfully using marijuana on divers occasions. It should also be noted, the record shows that the government introduced into the discharge packet the results of a biochemical test dated 14 January 2019, coded RO (Rehabilitation) and which was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in paragraph 10-12(a)(7), AR 600-85. Use of this information mandates award of an honorable characterization of service. The applicant seeks relief contending that as a Soldier he was dealing with PTSD, depression, and other mental disabilities that made him lead to misconduct. The applicant contends that he was afraid and prideful to ask for help especially dealing with so much death and loss at the time. The applicant came back home from deployment with so much going on and he tried to reach out for help in respect to his mental health. The applicant's contentions were noted; evidence in the records shows the applicant was diagnosed with F10.20 Alcohol Use Disorder, Severe (Alcohol Dependence) (Medical Record) and F43.20 Adjustment Disorder, Unspecified (Medical Record). It was noted that the applicant met retention requirements of Chapter 3, AR 40-501 and did not warrant disposition through medical channels or medical administrative actions. In other words, the applicant did not meet criteria for MEB/PEB or an administrative Chapter 5-13 or 5-17. The applicant did not demonstrate psychiatric condition that would appear to impair judgment, reliability, and / or ability to distinguish right from wrong. The applicant was cleared from a psychological standpoint, therefore, he was cleared for any administrative action deemed necessary by his command. 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. The applicant was diagnosed in-service with Adjustment Disorder, Cannabis Use, Alcohol Abuse/Dependence, and Malingering. Post-service, the applicant is service connected for Bipolar Disorder with PTSD listed at the end of 2020; however, it is unclear what the trauma was. VA records indicate the applicant is not currently carrying a PTSD diagnosis, rather Bipolar Disorder, and has not followed up on the asserted MST. (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed in-service with Adjustment Disorder, Cannabis Use, Alcohol Abuse/Dependence, and Malingering. The applicant asserts PTSD and MST. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. Although liberal consideration was applied, medical records are unclear making application of a diagnosis difficult. However, Bipolar Disorder, if present in-service, can be associated with drug use and would mitigate the applicant's wrongful use of marijuana on divers occasions. Moreover, if the applicant experienced an in-service trauma prior to the drug use that would also mitigate the applicant's wrongful use of marijuana on divers occasions. Finally, per liberal consideration, the asserted MST must be considered and weighed against the misconduct. (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, that Bipolar Disorder are often associated with drug use for the reasons listed in (3) above. As a result, the ADRB applied liberal consideration and found that the Bipolar Disorder outweighed the basis for separation. b. Response to Contentions: (1) The applicant seeks relief contending that as a Soldier he was dealing with PTSD, depression, and other mental disabilities that led to the applicant's to misconduct. The Board determined that this contention was valid and voted to upgrade the characterization of service due to Bipolar Disorder mitigating the applicant's wrongful use of marijuana. (2) The applicant contends that he was afraid/prideful to ask for help especially dealing with so much death/loss at the time. The applicant came back home from deployment, so much going on that the applicant tried to reach out for help in mental health. The Board determined this contention was valid as a records review indicates the applicant went to behavioral health in October 2018 reporting depression and anxiety due to psychosocial stressors. c. The Board determined the discharge is improper based on the applicant's length of service and the circumstances surrounding the discharge (MST, PTSD, and OBH diagnoses). d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant had Bipolar Disorder which mitigated the applicant's misconduct for wrongful use of marijuana. Thus the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Secretarial Authority under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JFF. (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: Secretarial Authority / JFF d. Change RE Code to: RE-3 e. Change Authority to: AR 635-200, Chapter 15 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 AR20200009551 7