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 general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, the discharge was inequitable based on an isolated incident in their 34 months of service. Although making one bad decision ended their Army career, the applicant has strived to better oneself and continues to do the right things since their discharge. The applicant completed a substance abuse program through the VA in 2014 and is living a clean and sober life. An upgrade would allow the applicant to use their GI Bill, get a degree in criminal justice, graduate from the police academy, and become a police officer. b. Board Type and Decision: In a records review conducted on 09 November 2023, and by a 5-0 vote, the board determined to upgrade the discharge based on the applicant's in- service connection for Adjustment Disorder and PTSD out weighting the applicant's pattern of misconduct - driving under the influence, failing to maintain lane of travel, failing to obey a general order (driving on post revocation), drunk while on duty and multiple FTR's - basis for separation for the aforementioned reasons. 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 and no change to the reentry code. 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, Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 December 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: In an undated memorandum. (2) Basis for Separation: The applicant was informed of the following reasons: On or about 25 September 2009, the applicant failed to report to their appointed place of duty due to prior overindulgence of alcohol. On or about 3 October 2009, the applicant wrongfully possessed cocaine. Between 4 October 2009 and 7 October 2009, the applicant wrongfully used cocaine. On or about 16 October 2009, the applicant was driving under the influence. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: In an undated memorandum. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 March 2007 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 21 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92W10, Water Treatment Specialist / 2 years, 9 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (1 November 2007 - 9 July 2008) f. Awards and Decorations: AAM, NDSM, ICM-A, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, 20 October 2009, reflects the applicant tested positive for cocaine 450, during a Probable Cause (PO) urinalysis testing, conducted on 7 October 2009. General Officer Memorandum Of Reprimand, 1 November 2009, reflects on 16 October 2009, on Fort Stewart, Georgia, a Military Police Officer observed the applicant failing to maintain their lane of travel. When the officer initiated a traffic stop, the officer detected a strong odor of alcohol emanating from the applicant's car. The applicant was given several field sobriety tests, which were failed. A breathalyzer test showed the applicant's blood alcohol content at the time was .282. As a result, the applicant was cited with driving under the influence, failing to maintain their lane of travel, and failing to obey a general order (driving on post revocation). Three Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: Certificate of completion of the VA Healthcare System Substance Abuse Residential Rehabilitation Treatment Program. Extract of medical progress notes, 18 March 2014, reflects the applicant being treat for Alcohol dependence. (2) AMHRR Listed: Report of Mental Status Evaluation, 4 July 2009, 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 command was advised to consider the influence of these conditions. The applicant was diagnosed with: Axis I: Cocaine Abuse, Alcohol Abuse, Adjustment Disorder with mixed Anxiety and Depressed Mood. The applicant met the retention standards prescribed in AR 40-501, and there were no psychiatric disease or defect that warranted disposition through medical channels. The applicant was psychiatrically cleared for chapter proceedings. The applicant was charged by the Fort Lauderdale, Florida authorities with possession of Cocaine. In addition, the applicant was found to be drunk while on duty and had multiple FTR's. The applicant did not have a history of inpatient mental health treatment; or a history of outpatient mental health treatment. The applicant denied SI/HI/AVH. The applicant has OIF experience. Report of Medical Examination, 4 October 2009, the examining medical physician noted in the comments section: Anxiety, Depression and Zoloft. Report of Medical History, 8 October 2009, the examining medical physician noted in the comments section: Anxiety, Depression, and takes Zoloft. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Extract of medical progress notes; six letters of support; 13 Certificates of Completion and a copy of a photo. 6. POST SERVICE ACCOMPLISHMENTS: The applicant completed a substance abuse program through the VA in 2014 and is living a clean and sober life. 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 (Active Duty Enlisted Administrative Separations) 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 14-12b, 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-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. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to honorable. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends the event which led to the discharge from the Army was an isolated incident. Army Regulation 635-200, paragraph 3-5, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends an upgrade would allow 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's AMHRR contains documentation which supports a diagnosis of in-service Cocaine Abuse, Alcohol Abuse, Adjustment Disorder with mixed Anxiety and Depressed Mood. The record shows the applicant underwent a mental status evaluation (MSE) on 4 July 2009, which indicates the applicant was mentally responsible and was able to recognize right from wrong. Also, the Reports of Medical Examination and History, 4 and 8 October 2009, the examining medical physician noted in the comments section: Anxiety, Depression and Zoloft. The applicant provided a Certificate of Completion of the VA Healthcare System Substance Abuse Residential Rehabilitation Treatment Program. The MSE and Medical Examination and History reports were considered by the separation authority. The applicant contends completing a substance abuse program through the VA in 2014 and living a clean and sober life. The Army Discharge Review Board is authorized to consider post- service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: PTSD, Adjustment Disorder, Depression, Anxiety. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant was diagnosed in service with an Adjustment Disorder and Depression. The applicant is also diagnosed, and service connected by the VA for PTSD. Service connection establishes that the applicant's PTSD existed during military 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 there is evidence of BH conditions that fully mitigate the basis of separation. The applicant was diagnosed in service with an Adjustment Disorder and Depression. The applicant is also diagnosed, and service connected by the VA for PTSD. Given the nexus between PTSD, Depression, and self- medicating with substances, the applicant's PTSD and Depression mitigate the FTR due to prior overindulgence of alcohol, possession/use of cocaine, and DUI. (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 as a result, the ADRB applied liberal consideration and found that the applicant's in service diagnoses of PTSD, Adjustment Disorder, Depression, and Anxiety outweighed the applicant's pattern of misconduct - wrongfully possessed cocaine (x2), driving under the influence, failing to maintain lane of travel, failing to obey a general order (driving on post revocation), drunk while on duty and multiple FTR's - basis for separation for the aforementioned reasons. b. Response to Contention(s): (1) The applicant requests an upgrade to honorable. The Board considered this contention and voted to upgrade the applicant's request from General (Under Honorable Conditions) to Honorable because the applicants in service diagnosis of PTSD and Depression mitigated the misconduct outlined above in paragraph 9a (4). 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 and no change to the RE-Code. (2) The applicant contends the event which led to the discharge from the Army was an isolated incident. The Board considered this contention and voted to grant relief as outlined above in paragraph 9a (4). (3) The applicant contends an upgrade would allow educational benefits through the GI Bill. The Board considered this contention during proceedings, but ultimately did not address the contention because eligibility for Veteran's benefits, to include educational benefits under the post-9/11 or Montgomery GI Bill, healthcare, or VA loans, 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. (4) The applicant contends completing a substance abuse program through the VA in 2014 and living a clean and sober life. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted as outlined above in paragraph 9a (4) and 9b (1). c. The Board determined the discharge is inequitable based on the applicant's in service diagnosis of Adjustment Disorder, Depression and post connection for PTSD outweighing the basis for separation outlined above in paragraph 9a (4) and 9b (1) of this document. 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. Thus, relief is warranted. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD, Adjustment Disorder, Depression, and Anxiety mitigated the basis of separation outlined above in paragraph 9a (4) and 9b (1). 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 / Separation Order: 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 AR20210001468 1