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, an upgrade to honorable will allow health benefits. The applicant has post-traumatic stress disorder (PTSD) and hepatitis C, due to their drug addictions. The applicant's original ETS date was 19 June 2009, and the applicant was discharged on 28 October 2009. The applicant contends the extension was for the Army to have enough time to chapter the applicant. The applicant is tired of being homeless and would love to reenlist if possible. b. Board Type and Decision: In a records review conducted on 09 November 2023, and by a 5-0 vote, the Board determined to upgrde the discharge based on the in-service connection for PTSD and Anxiety Disorder NOS mitigating the applicant's pattern of misconduct - failure to report, disrespect to NCO, wrongful using marijuana (x2), wrongful use of cocaine (x2), wrongfully possessed marijuana and AWOL (x2). 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: 28 October 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: undated (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to report to their appointed place of duty on or about the following dates: 26 January 2009 and 27 April 2009. The applicant showed disrespect towards a noncommissioned officer on or about 26 January 2009. The applicant wrongfully used marijuana, between on or about 2 March 2009 and 1 April 2009. The applicant wrongfully used cocaine, between on or about 29 March 2009 and 1 April 2009, for which the applicant received an article 15 for offenses 3 and 4. The applicant was absent without leave from their unit between on or about 29 April 2009 and 28 May 2009. The applicant was absent without leave from their unit between on or about 16 June 2009 and 27 July 2009. The applicant wrongfully possessed marijuana, on or about 30 July 2009. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 30 September 2009. (5) Administrative Separation Board: On 30 September 2009, the applicant unconditionally waived consideration of the case before an administrative separation board as part of an Offer to Plead Guilty in a Summary Court-Martial proceedings. (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 February 2006 / 3 years, 16 weeks / The extension of service was at the request and convenience of the government. b. Age at Enlistment / Education / GT Score: 19 / High School Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 8 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (11 May 2007 - 14 July 2008) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, ASR, OSR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, 8 April 2009, reflects the applicant tested positive for THC 329 (marijuana) and cocaine 177, during a Command Directed (CO) urinalysis testing, conducted on 1 April 2009. FG Article 15, 10 June 2009, for wrongfully using marijuana (between 2 March and 1 April 2009). For wrongfully using cocaine (between 29 March and 1 April 2009). The punishment consisted of a reduction to E-1; forfeiture of $699 pay per month for two months and extra duty and restriction for 45 days. Not permitted in establishments serving alcohol for 45 days. DD Form 214, block 18, reflects the extension of service was at the request and convenience of the government. Seven Personnel Action forms, reflect the applicant's duty status changed as follows: From "PDY" to "AWOL" effective 29 April 2009. From "AWOL" to "PDY," effective 28 May 2009 From "PDY" to "AWOL" effective 16 June 2009. From "AWOL" to "DFR," effective 16 July 2009. From "DFR" to "PDY," effective 27 July 2009. From "PDY" to "CMA," effective 29 July 2009. From "CMA" to "PDY," effective 28 August 2009. i. Lost Time / Mode of Return: 2 months, 9 days: AWOL, 16 June 2009 - 26 July 2009 / NIF CMA, 29 July 2009 - 27 August 2009 / Released from Confinement j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: Report of Medical History, 20 April 2009, the examining medical physician noted in the comments section: Substance abuse and enrolled in ASAP. Report of Medical Examination, 20 April 2009, the examining medical physician noted in the comments section: Followed by PCM at Behavioral Health. Mental Status Evaluation, 9 September 2000, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant was mentally responsible with a clear-thinking process and had the mental capacity to understand and participate in the proceedings. The applicant was diagnosed with: Axis I: Attention Deficit Disorder by history. The applicant was command referred for mental status evaluation on 9 September 2009, as command was considering a Chapter14-12(b). The applicant reported they went AWOL on two different occasions, had positive UA for marijuana in April 2009 and accused of dealing prescription drugs while on base. Denies the drug dealing accusations and states their first AWOL was to take care of their injured parent and the second AWOL was simply because the applicant was "pissed off". The applicant has served 30 days in confinement and was ready for chapter process to be completed. The applicant had been treated for Attention Deficit Disorder since childhood, including medication intervention from DBM. The applicant reports no history or current suicidal/homicidal ideation, plan, or intent. States their ADD has continued to be mildly disruptive in their ability to function on the job and would like to continue their medication even after leaving military. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293 and self-authored letter. 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 (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-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 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 suffering from post-traumatic stress disorder (PTSD) and hepatitis C due to their drug addictions. The applicant did not submit any evidence, other than the applicant's statement, to support the contention. The applicant's AMHRR contains documentation which supports a diagnosis of in-service Axis I: Attention Deficit Disorder by history. The record shows the applicant underwent a mental status evaluation (MSE) on 19 September 2000, which indicates the applicant was mentally responsible and was able to recognize right from wrong. Also, a Report of Medical History, 20 April 2009, reflects the examining medical physician noted in the comments section: Substance abuse and enrolled in ASAP. The MSE and the Report of Medical History were considered by the separation authority. The applicant contends their original ETS date was 19 June 2009, and the applicant was discharged on 28 October 2009. The applicant contends the extension was for the Army to have enough time to chapter the applicant. Evidence in the AMHRR reflects the applicant was AWOL from 16 June to 26 July 2009. The DD Form 214, block 18, reflects the extension of service was at the request and convenience of the government. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends an upgrade of the discharge would allow veterans benefits. Eligibility for veteran's benefits 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 current homelessness and the need for help. Eligibility for housing support program benefits for Veterans 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. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. The applicant desires to rejoin the Military Service. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-210, 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. 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, Anxiety Disorder NOS. (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 PTSD and Anxiety Disorder NOS. (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 was diagnosed in service with PTSD and Anxiety Disorder NOS. Given the nexus between PTSD, avoidance, difficulty with authority, and self-medicating with substances, all of the misconduct that led to the applicant's separation to include FTRs, disrespect, AWOLs, and possession/use of illicit substances is mitigated by the applicant's PTSD. (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 and Anxiety Disorder NOS outweighed the applicant's pattern of misconduct - failure to report, disrespect to NCO, wrongful using marijuana (x2), wrongful use of cocaine (x2), wrongfully possessed marijuana and AWOL (x2) - 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. 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 suffering from post-traumatic stress disorder (PTSD) and hepatitis C due to their drug addictions. The board determined that this contention was valid and voted to upgrade the characterization of service due to applicant's PTSD and anxiety Disorder because given the nexus between PTSD, difficulty with authority, avoidance, self-medicating with substances, and possession of illicit substances which led to the applicant separation. (3) The applicant contends their original ETS date was 19 June 2009, and the applicant was discharged on 28 October 2009; the extension was for the Army to have enough time to chapter the applicant. The board determined that this contention and found a DD Form 214, block 18, reflects the extension of service was at the request and convenience of the government and the applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. (4) The applicant contends an upgrade of the discharge would allow veterans benefits. The Board considered this contention and determined that 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. (5) The applicant contends current homelessness and the need for help. The applicant should contact a local office of the Department of Veterans Affairs for further assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. However, the Board determined that an upgrade of the characterization of service was warranted as outlined in paragraph 9a (4) and 9b (1). (6) The applicant desires to rejoin the Military Service. The Board considered this contention and the applicant desire to rejoin the military service. However, based on AR 601- 201 the reentry code the applicant received requires a waiver before being allowed to reenter the service. The applicant should contact a recruiter who can best advise what is needed to process waivers for reentry into the armed services. c. 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, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN, and no change to the reentry code. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable based on medical mitigation for the misconduct that led to separation. Thus, the prior characterization is no longer appropriate. (2) The Board voted to change the narrative reason for discharge to Misconduct (Minor Infractions) under the same pretexts. The SPD code associated with the new narrative reason for discharge is JKN. 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 AR20210001469 1