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: a. Applicant’s Requests and Issues: The current characterization of service for the period under review is honorable. The applicant requests an upgrade to honorable conditions. The applicant seeks relief contending, in effect, a change to the narrative reason for discharge is requested because it violates the applicant’s medical privacy. The discharge was inequitable because it was based on an isolated incident. The applicant deserves an upgrade based on serving. The applicant’s drug rehabilitation failure was caused by PTSD, resulting from their deployment to a combat environment and the TBI injures they sustained. b. Board Type and Decision: In a records review conducted on 13 July 2023, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 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: Drug Rehabilitation Failure / AR 635- 200, Chapter 9 / JPC / RE-4 / Honorable b. Date of Discharge: 12 June 2014 c. Separation Facts: The applicant’s Army Military Human Resource Record (AMHRR) is void of most of the case separation file. However, the applicant’s record does contain a document which is described below in 3c (6). (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 August 2012 / 4 years b. Age at Enlistment / Education / GT Score: 30 / Bachelor’s Degree / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 88M2P, Motor Transport Operator / 5 years, 4 months, 10 days d. Prior Service / Characterizations: RA, 3 February 2009 – 28 August 2012 / HD e. Overseas Service / Combat Service: Italy, Germany, SWA / Afghanistan (18 November 2009 – 25 October 2010; 24 June 2012 – 9 March 2013) f. Awards and Decorations: ACM-2CS, PH, ARCOM, AAM, AGCM, NDSM, GWOTSM, ASR, OSR, NATOMDL, CAB g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Form, dated 1 November 2013, notifying the applicant of an initiation of a flag. Memorandum, dated 14 January 2014, reflects the applicant tested positive for cocaine on 16 December 2013. FG Article 15, dated 10 March 2014, for wrongfully using cocaine on or about 16 December 2013. The punishment consisted of a reduction to E-4; forfeiture of $1164 pay per month for two months (suspended), to be automatically remitted if not vacated before 24 August 2014; and extra duty for 45 days. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: Chronological Record of Medical Care and other medical documents, reflecting the applicant was diagnosed with PTSD. (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 149; copies of military personnel records; DD Form 214; two letters from the ARBA Case Management Division; medical records. 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 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 9 outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. (5) Paragraph 9-4, stipulates the service of Soldiers discharged under this section will be characterized as honorable or under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required. An honorable discharge is mandated in any case in which the Government initially introduces into the final discharge process limited use evidence as defined by AR 600-85. 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 “JPC” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for drug rehabilitation failure. 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) is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The applicant’s AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s electronic signature. The applicant’s DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 9, by reason of Drug Rehabilitation Failure, with a characterization of service of honorable. The applicant contends the narrative reason for the discharge needs changed because it violates their medical privacy. The applicant was separated under the provisions of Chapter 9, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “drug rehabilitation failure,” and the separation code is “JPC.” 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 the event which led to the discharge from the Army was an isolated incident. Army Regulation 635-200, paragraph 3-5c states circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends good service, including two combat tours. The Board will consider the applicant’s service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends the drug rehabilitation failure was caused by PTSD, resulting from their deployment to a combat environment and the TBI injuries that were sustained. The applicant submitted a Chronological Records of Medical Care, dated 15 July 2012, indicating while on active duty they were being seen by behavioral health for PTSD, an adjustment disorder with mixed emotional features, an anxiety disorder, and a diagnosis of mTBI. The applicant’s AMHRR is void of a mental status evaluation. 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, after applying liberal consideration found the applicant’s PTSD, and Major Depression (Adjustment Disorder and Anxiety are subsumed by the applicant’s PTSD/Depression) mitigated applicant’s original basis for separation that warranted a previous Board’s discharge characterization upgrade to HD, and now warrants reconsideration of applicant’s discharge narrative and RE code. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the applicant’s Major Depression, TBI, and PTSD existed during the applicant’s 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’s Major Depression/PTSD and TBI mitigates the applicant’s Drug Rehabilitation Failure given the nexus between these conditions and self-medicating with substances. (1) Does the condition or experience outweigh the discharge? No. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined for purposes of characterization of service, the applicant’s Major Depression/PTSD and TBI outweighed the applicant’s medically mitigated Board accepted basis for separation – drug rehabilitation. However, the Board determined that the applicant’s Major Depression/PTSD and TBI do not outweigh the applicant’s narrative reason or RE codes because even though there is medical mitigation of the applicant’s basis for separation, the applicant’s narrative reason for separation, SPD code, and RE code are proper and equitable as it accurately reflect the applicant’s service and circumstances leading to separation, and there are insufficient factors contained in the applicant’s file that warrant deviation. b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs changed because it violates the applicant’s medical privacy. The Board considered this contention and determined that the applicant was properly separated under the provisions of Chapter 9, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is drug rehabilitation failure. Army Regulation 635-8, Separation Processing and Documents, governs preparation of the DD Form 214, and requires the entry of the narrative reason for separation. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. (2) The applicant contends good service, including two combat tours. The Board considered the applicant’s 5 years of service and combat service, and determined that, while there is medical mitigation of the applicant’s drug rehabilitation failure basis for separation, the applicant’s narrative reason for separation and RE code are proper and equitable as it accurately reflect the applicant’s service and circumstances leading to separation, and there are insufficient factors contained in the applicant’s file that warrant deviation. (3) The applicant contends the event which led to the discharge from the Army was an isolated incident. The Board considered this contention and determined that the applicant’s narrative reason for separation and RE code are proper and equitable as it accurately reflects the applicant’s service and circumstances leading to separation, and there are insufficient factors contained in the applicant’s file that warrant deviation. No further relief is warranted beyond the applicant’s Honorable characterization of service. (4) The applicant contends the drug rehabilitation failure was caused by PTSD, resulting from the applicant’s deployment to a combat environment and the TBI injuries that were sustained. The Board considered this contention along with the totality of the record and determined that, while the applicant’s PTSD/Major Depression and TBI outweigh the applicant’s drug rehabilitative failure warranting an upgrade to Honorable characterization of service, there is insufficient evidence in the applicant’s record to warrant an narrative reason or RE code change. c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. However, the applicant may request a personal appearance hearing to address the 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: (2) The Board voted not to change the characterization of service due to it already being Honorable. (3) The Board voted not to change the applicant’s reason for discharge or accompanying SPD code as the Board considered totality of the record, including the applicant’s contentions of impropriety and inequity, and determined that though there is medical mitigation of the applicant’s basis for separation, the applicant’s narrative reason for separation, SPD code, and RE code are proper and equitable as it accurately reflect the applicant’s service and circumstances leading to separation, and there are insufficient factors contained in the applicant’s file that warrant deviation. (4) 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: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change 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 AR20210000864 1