1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is honorable. The applicant requests narrative reason and reentry code change, reinstatement to the grade of E-4, and reenlistment bonus repayment. The applicant seeks relief contending, in effect, the applicant was experiencing PTSD symptoms due to two tours in Iraq and the medical issue should have been considered. The applicant was under treatment/diagnosis for panic attacks, anxiety disorder, depression, substance abuse, and anger management. These are characteristic of PTSD and the discharge should have been honorable with medical conditions. The applicant is awaiting proper therapy at the Spokane Department of Veterans Affairs Medical Center, where the applicant is enrolled. The applicant has been seen by the Spokane Veterans Outreach Center for readjustment counseling. The applicant requests reinstatement of E-4 and repayment of reenlistment bonus. The bonus would be waived contingent upon receiving an honorable, with medical conditions discharge. The applicant would like to receive VA benefits to include 100 percent of the Post 9/11 GI Bill. In a records review conducted on 28 April 2022, and by a 5 - 0 vote, the Board, based on the applicant's service, to include combat service, and the applicant's PTSD, determined the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. The Board determined the characterization of service was 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / Honorable b. Date of Discharge: 9 April 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 March 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On 11 February 2008, the applicant did not obey the PT Instructor and when corrected by an NCO, the applicant raised the voice and clinched the fist towards the NCO. On two separation occasions, the applicant wrongfully used marijuana, a controlled substance, between 12 June and 11 July 2006 and between 17 November and 17 December 2007. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 7 March 2008, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 March 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 July 2007 / 5 years b. Age at Enlistment / Education / GT Score: 22 / GED / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25U10, Signal Support System Specialist / 4 years, 5 months, 18 days d. Prior Service / Characterizations: ARNG, 22 October 2003 - 5 February 2006 / HD IADT, 12 November 2003 - 10 June 2004 / HD (Concurrent Service) RA, 6 February 2006 - 11 July 2007 / HD e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (16 August 2004 - 8 April 2005; 30 July 2006 - 30 September 2007) f. Awards and Decorations: ARCOM, NDSM, GWOTEM, ICM, ASR, OSR-3, AFRM-M / The AMHRR reflects award of the MUC, however, the award is not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 17 July 2006, reflects the applicant tested positive for THC 69 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 11 July 2006. FG Article 15, dated 21 July 2006, for wrongfully using marijuana (between 12 June and 11 July 2006). The punishment consisted of a reduction to E-1; forfeiture of $636 pay per month for two months; and, extra duty and restriction for 45 days. Serious Incident Report, dated 16 December 2007, reflects the barracks NCO received a tip from a barracks residents of the smell of marijuana coming from the applicant's room. The barracks NCO knocked on the door and received no response, then opened to door and saw what appeared to be marijuana. The barracks NCO called the Military Police (MP) and the MPs confiscated what appeared to be a marijuana cigarette. Electronic Copy of DD Form 2624, dated 20 December 2007, reflects the applicant tested positive for THC 279 (marijuana), during a Probable Cause (PO) urinalysis testing, conducted on 17 December 2007. Department of Defense (DoD) Drug Testing Results Portal Printout, undated, reflects the applicant tested positive the THC 279, collected on 17 December 2007 during a Probable Cause (PO) urinalysis testing; THC 90, collected on 22 January 2008, during a Rehabilitation Testing (RO), urinalysis testing; and THC>LOL, collected on 26 February 2008, during an Inspection Unit (IU) urinalysis testing. Rehabilitation testing is one of the categories which falls under the limited use policy. FG Article 15, dated 28 January 2008, for wrongfully using marijuana (between 17 November and 17 December 2007). The punishment consisted of a reduction to E-1; forfeiture of $509 pay; and, extra duty and restriction for 45 days. Report of Medical History, dated 28 February 2008, the examining medical physician noted in the comments section: Patient states used marijuana multiple times since entering military service; tested positive on two occasions during random drug screening; and being chaptered out for frequent substance abuse. The record shows two third party letters provided by the applicant during the administrative separation proceedings, which described the applicant's demeanor after deployment as relating to PTSD. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 February 2008, reflects the applicant was mentally responsible and could understand participate in the proceedings. The provider recommended administrative separation under AR 635-200, chapter 5-17. The applicant was diagnosed with Adjustment Disorder with conduct and mood. Memorandum for Record, dated 14 February 2008, the immediate commander responded to the mental status evaluation, declining to follow the recommendation to separate the applicant under AR 635-200, Chapter 5-17 and was considering separation under AR 635-200, Chapter 14. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 149. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends being seen for readjustment counseling and awaiting proper therapy from the Spokane VAMC. 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. a. Army Regulation 600-85 defines the Limited Use Policy and states unless waived under the circumstances listed in paragraph 10-13d, Limited Use Policy prohibits the use by the government of protected evidence against a Soldier in actions under the UCMJ or on the issue of characterization of service in administrative proceedings. Additionally, the policy limits the characterization of discharge to "Honorable" if protected evidence is used. Protected evidence under this policy includes: The results of a drug or alcohol test administered solely as a required part of a DoD or Army SUD treatment program. 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) 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. (4) 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. (5) Paragraph 14-12b, addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12b, pattern of misconduct. 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-1 Applies to: Person completing his or her term of active service who is considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all other criteria are met. RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 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 narrative reason change; reentry code change, reinstatement to the grade of E-4, and reenlistment bonus repayment. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends the narrative reason for the discharge needs to be changed. The applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." Army Regulation 635-8, Separation Processing and Documents, governs preparation of the DD Form 214 and dictates entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly 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 panic attacks, anxiety disorder, depression, substance abuse and anger management which were symptoms of PTSD, affected behavior, which led to the discharge. The applicant's AMHRR contains no documentation of PTSD diagnosis. The AMHRR shows the applicant underwent a mental status evaluation (MSE) on 12 February 2008, which reflects the applicant was mentally responsible and could understand participate in the proceedings. The provider recommended administrative separation under AR 635-200, chapter 5-17. The applicant was diagnosed with Adjustment Disorder with conduct and mood. The MSE was considered by the separation authority. The applicant requests RE Code change. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-201, the applicant was appropriately assigned an RE code of "3." There is no basis upon which to grant a change to the reason or the RE code. An RE Code of "3" indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army's needs at the time and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant contends the discharge should have been for medical reasons. Army Regulation 635-200, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant requests grade restored to E-4, repayment of reenlistment bonus, and a medical discharge. The applicant's requested changes do 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 an upgrade would allow VA benefits to include educational benefits through the GI Bill. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant contends being seen for readjustment counseling and awaiting proper therapy from the Spokane VAMC. 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? N/A. The applicant's discharge characterization has already been upgraded to Honorable, therefore no further change can be made to applicant's discharge characterization because of any applicant condition or experience. (2) Did the condition exist or experience occur during military service? N/A. (3) Does the condition or experience actually excuse or mitigate the discharge? N/A. (4) Does the condition or experience outweigh the discharge? N/A. b. Response to Contentions: (1) The applicant contends the narrative reason for the discharge needs to be changed. The Board determined that this contention was valid and voted the narrative reason should be changed from Pattern of Misconduct to Misconduct (Minor Infractions) due to applicant's medically mitigated basis of separation. (2) The applicant contends panic attacks, anxiety disorder, depression, substance abuse and anger management which were symptoms of PTSD, affected behavior, which led to the discharge. The Board liberally considered this contention during its deliberations that supported a narrative reason change for applicant's discharge. (3) The applicant requests RE Code change. The Board voted not to change the RE- code. An RE Code of "3" indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army's needs at the time and are required to process waivers of reentry eligibility (RE) codes, if appropriate. (4) The applicant contends the discharge should have been for medical reasons. The Board considered this contention but concluded that Army Regulation 635-200, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct, that in this case do not warrant a change to the applicant's discharge. (5) The applicant requests grade restored to E-4, repayment of reenlistment bonus, and a medical discharge. The Board determined that the applicant's requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans' Service Organization. (6) The applicant contends an upgrade would allow VA benefits to include educational benefits through the GI Bill. The Board determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. (7) The applicant contends being seen for readjustment counseling and awaiting proper therapy from the Spokane VAMC. The Board considered this contention during the proceedings. c. The Board determined, based on the applicant's service, to include combat service, and the applicant's PTSD, determined the narrative reason for the applicant's separation is now inequitable. 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 contentions that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted not to change the characterization of service due to it already being Honorable. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the pretexts described above, 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 / Separation Order: Yes b. Change Characterization to: No Change 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 AR20210000164 1