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 and a narrative reason change. The applicant seeks relief contending, in effect, in October 2002, the applicant was deployed to Uzbekistan for six months to support Operation Enduring Freedom. Upon returning home, the applicant was feeling depressed, paranoid, anxious, and had frequent nightmares. In December 2004, the applicant deployed to Iraq for ten months. Following the previous deployment, the applicant was accepted for the Drill Sergeant course, but failed the course because of the ongoing anxiety and inability to handle stress. The guilt of failing to complete the course exacerbated the despair. The applicant opted to change duty stations and relocate to Fort Huachuca, where the applicant grew up and where the parents still reside. The applicant believed it would be an ideal place to go, seek help, and continue the military career, while at the same time, the applicant would have the support of the family. Shortly thereafter, when reconnecting with a high school classmate, the applicant was introduced to self-medicating, which the applicant eagerly anticipated would ease some of the pressure and anxiety. The applicant believed getting help would be a sign of weakness, and eventually became more reliant on self-medication than on the military career. With only nine years of service, the applicant's Army career had been outstanding, and was selected for promotion to E-7 without attending BNCOC or ANCOC. The applicant had earned two ARCOMs, eight AAMs, the GWOTSM, and three Good Conduct Medals. The applicant received the Phillip A. Connelly award twice, the highest honor a Soldier in the Food Service profession can receive. The applicant has now been diagnosed with PTSD and is currently receiving medication to help with daily functioning and problem solving. The applicant regrets foregoing a very promising military career. b. Board Type and Decision: In a records review conducted on 17 October 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD diagnosis mitigating applicant's multiple AWOL incidents and multiple incidents of wrongful use of illicit drugs. 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. The Board voted and determined the reentry eligibility (RE) code was proper and equitable due to applicant's BH diagnoses and drug use warranting consideration prior to reentry of military service. 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 27 June 2008 c. Separation Facts: (1) Date and Charges Preferred (DD Form 458, Charge Sheet): On 11 June 2008, the applicant was charged with: Charge I: Violation or Article 86, UCMJ, for being AWOL from: Specification 1: 7 May 2008 and remained absent until apprehended on 6 June 2008. Specification 2: 16 April 2008 and remained absent until 18 April 2008. Specification 3: 12 March 2008 and remained absent until 23 March 2008. Specification 4: 31 January 2008 and remained absent until 29 February 2008. Charge II: Violation of Article 112a, UCMJ, for wrongfully using: Specification 1: d-methamphetamine between 21 and 24 March 2008. Specification 2: ecstasy, a Schedule I control substance between 21 and 24 March 2008. Specification 3: cocaine between 13 and 16 January 2008. Specification 4: d-methamphetamines between 11 and 16 January 2008. (2) Legal Consultation Date: 12 June 2008 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: In an undated memorandum. / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 May 2005 / 6 years b. Age at Enlistment / Education / GT Score: 28 / High School Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92G30, Food Service Operation / 10 years, 1 month, 7 days d. Prior Service / Characterizations: RA, 24 February 1998 - 22 August 2000 / HD RA, 23 August 2000 - 7 January 2003 / HD RA, 8 January 2003 - 8 May 2005 / HD e. Overseas Service / Combat Service: Bosnia (NIF), SWA / Afghanistan (17 November 2001 - 17 May 2002, according to ARCOM certificate.) f. Awards and Decorations: AAM-8, AGCM-2, NDSM, GWOTSM, ASR / The applicant's AMHRR reflects award of the ARCOM-2 and having served an overseas tour; however, the awards are not reflected on the DD Form 214. g. Performance Ratings: February 2005 - January 2006 / Among the Best 1 February 2006 - 31 January 2007 / Among the Best h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. i. Lost Time / Mode of Return: 59 days: AWOL, 12 March 2008 - 22 March 2008, for 11 days / NIF AWOL, 16 April - 17 April 2008, for 2 days / NIF AWOL, 29 April 2008 - 4 May 2008, for 6 days / NIF AWOL, 7 May 2008 - 5 June 2008, for 32 days / Apprehended by NIF AWOL, 6 June 2008 - 13 June 2008, for 8 days / NIF j. Behavioral Health Condition(s): (1) Applicant provided: Southeast Arkansas Behavioral Healthcare, 2 July 2012, reflects the applicant's treatment plan included: clinical disorders were major depressive disorder, PTSD, cocaine abuse, and personality disorder and mental retardation. (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; DD Form 214; Southeast Arkansas Behavioral Healthcare treatment plan; eight Recommendations for Award: seven certificates of achievement; five certificates of course/training completion; diploma certificate; DA Form 1059; and AGCM Orders. 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) Paragraph 3-7c states Under Other Than Honorable Conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. (6) Paragraph 10-8a stipulates a discharge under other than honorable conditions normally is appropriate for a Soldier who is discharged in lieu of trial by court-martial. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record during the current enlistment. (See chap 3, sec II.) 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, In Lieu of Trial by Court-Martial. 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 evidence in the applicant's AMHRR confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel, voluntarily requested, in writing, a discharge under the provisions of AR 635- 200, Chapter 10, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and indicated an understanding an under other than honorable conditions discharge could be received, and the discharge would have a significant effect on eligibility for veterans' benefits. The honorable discharge received by the applicant was normal and appropriate under the regulatory guidance. The applicant contends the narrative reason for the discharge needs changed. The applicant was separated under the provisions of Chapter 10, AR 635-200, with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," and the separation code is "KFS." Army Regulation 635-8 (Separation Processing and Documents), governs the 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 upon returning from the OEF deployment, the applicant was feeling depressed, paranoid, anxious, and had frequent nightmares and has since been diagnosed with PTSD and is currently receiving medication to help with daily functioning and problem solving. The applicant provided medical documents indicating a diagnoses of adjustment disorder with anxiety, and prescribed medication. The applicant's AMHRR contains no documentation of any behavioral health diagnosis. The applicant contends with only nine years of service, the Army career had been outstanding with selection for an E-7 promotion, earning two ARCOMs, eight AAMs, the GWOTSM, and three Good Conduct Medal, and receiving the Phillip A. Connelly award twice, the highest honor a Soldier in the Food Service profession can receive. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. 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, Depression NOS, and Adjustment Disorder with Depressed Mood. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the applicant is 70 percent service connected for PTSD related to combat. (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 a nexus between the applicant's PTSD and the applicant's misconduct characterized by multiple incidents of AWOL and wrongful use of multiple illicit drugs; therefore, the applicant's PTSD mitigates the misconduct outline in applicant's basis for separation. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD outweighed the multiple AWOL incidents and wrongful use of ecstasy, d-methamphetamine, and cocaine basis for separation for the aforementioned reason(s). b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs changed. The Board considered this contention and determined the applicant's narrative reason for discharge warrants an upgrade based on applicant's PTSD mitigating applicant's multiple AWOL incidents and wrongful use of ecstasy, d-methamphetamine, and cocaine basis for separation. (2) The applicant contends upon returning from the OEF deployment, the applicant was feeling depressed, paranoid, anxious, and had frequent nightmares and has since been diagnosed with PTSD and is currently receiving medication to help with daily functioning and problem solving. The Board considered this contention during proceedings and determined an upgrade is warranted based on the applicant's PTSD fully outweighing the applicant's multiple incidents of AWOL wrongful use of ecstasy, d-methamphetamine, and cocaine basis for separation. (3) The applicant contends with only nine years of service, the career had been outstanding with selection for an E-7 promotion, earning two ARCOMs, eight AAMs, the GWOTSM, and three Good Conduct Medal, and receiving the Phillip A. Connelly award twice, the highest honor a Soldier in the Food Service profession can receive. The Board considered this contention during board proceedings along with the totality of the applicant's service record. c. The Board determined the discharge is inequitable based on the applicant's PTSD diagnosis mitigating the applicant's multiple AWOL incidents and wrongful use of illicit drugs. 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. The Board voted and determined the reentry eligibility (RE) code was proper and equitable due to applicant's BH diagnoses and drug use warranting consideration prior to reentry of military service. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD mitigated the applicant's misconduct multiple AWOL incidents and wrongful use of illicit drugs. 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 Board voted not to change the reentry eligibility (RE) code due to the severity of the applicant's BH diagnoses and continued drug use following discharge limiting entry into military service. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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 AR20210001507 1