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, self-medicating because of the PTSD condition after returning from Iraq resulted in the discharge for drug abuse. The applicant is sincerely remorseful and regrets the mistakes made in life, most notably as a member of the United States Army. The behaviors were embarrassing to oneself, one's family, and the uniform. The applicant has worked extremely hard to turn the life around and has become a beacon of hope for others who have traveled the applicant's path and is devoting the remainder of the life to giving back to society. The applicant is on the way to earning degrees and credentials which will serve as a platform for making a positive influence in society. The applicant's goal is to work for the VA as a counselor, assisting veterans suffering from PTSD and drug dependency. The applicant is immensely proud of the service to the country and looks forward to continuing to serve. b. Board Type and Decision: In a records review conducted on 26 October 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's Post Traumatic Stress Disorder (PTSD) and Depression outweighing the applicant's illegal drug abuse and DUI offenses. 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. Accordingly, the narrative reason for separation was changed to Misconduct (Minor Infractions) with a corresponding separation code of JKN and reentry code of RE-3. 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: Misconduct (Drug Abuse) / AR 635- 200, Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 6 October 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 August 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On 22 August 2008, the applicant was arrested for DWI for refusing to take a field sobriety test. Between 15 and 21 June 2008, the applicant wrongfully used cocaine. On 21 June 2008, the applicant wrongfully possessed an amount of cocaine. On 21 June 2008, the applicant wrongfully possessed marijuana (less than 30 grams). On 21 June 2008, the applicant was arrested for DUI. Between 2 and 5 February 2008, the applicant wrongfully used cocaine. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 28 August 2008 (5) Administrative Separation Board: On 28 August 2008, the applicant unconditionally waived consideration of the case before an administrative separation board as part of an Offer to Plead Guilty in Summary proceedings. (6) Separation Decision Date / Characterization: On 22 September 2008, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14-12c (2), Misconduct (Drug Abuse) / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 August 2006 / 6 years, 25 weeks b. Age at Enlistment / Education / GT Score: 26 / High School Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G1P, Food Service Operation / 2 years, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (25 April 2007 - 15 November 2007) f. Awards and Decorations: ICM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, 19 February 2008, reflects the applicant tested positive for COC 260 (cocaine), during an Inspection Unit (IU) urinalysis testing, conducted on 5 February 2008. FG Article 15, 25 February 2008, for wrongfully using cocaine (between 2 and 5 February 2008). The punishment consisted of a reduction to E-1; forfeiture of $670 pay per month for two months; and extra duty and restriction for 30 days. Report of Mental Status Evaluation, 31 March 2008, reflects the applicant was psychiatrically cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; was mentally responsible for the behavior; could distinguish right from wrong; had sufficient mental capacity; and met medical retention requirements. There was no diagnosis. General Officer Memorandum Of Reprimand, 26 June 2008, reflects the applicant was driving while impaired. After being stopped for fleeing the scene of a verbal altercation in which the applicant communicated a threat to another Soldier on 21 June 2008, the applicant refused to take a lawfully requested standardized field sobriety test, and subsequently, after having taken into custody, the authorities found traces of cocaine and marijuana in the applicant's vehicle. CID Report of Investigation - Final, 2 August 2008, reflects an investigation established probable cause to believe the applicant committed the offenses of Wrongful Possession and Use of Cocaine, and Wrongful Possession of Marijuana when the applicant was searched subsequent to apprehension for driving under the influence and found in possession of suspected Cocaine and Marijuana, and when the applicant submitted a urine specimen during a Command Directed urinalysis test, which subsequently tested positive for Cocaine. 82nd Airborne Division Emergency Operations Center incident report, 22 August 2008, reflects the applicant was apprehended for: DWI and refusal to take a field sobriety test. Charge Sheet, 25 August 2008, reflects the applicant was charged with: The Charge: Violation of Article 112a, UCMJ, for: Specification 1: wrongfully possessing an amount of cocaine on 21 June 2008; Specification 2: wrongfully possessing an amount of marijuana less than 30 grams on 21 June 2008; and Specification 3: wrongfully using cocaine between 23 and 30 May 2008. Pretrial Agreement, 28 August 2008, reflects the applicant offered to plead guilty to three Specifications of The Charge of violating Article 112a, UCMJ, provided the case was referred to a summary court-martial, and as part of the offer, the applicant unconditionally waived the right to have the case considered by an administrative separation board and personal appearance, even if separated under other than honorable conditions. Report of Result of Trial reflects the applicant was tried in a Summary Court-Martial on 28 August 2008. The applicant was charged with three specifications. The summary of offenses, pleas, and findings: Violation of Article 112a, UCMJ: Wrongful possession of cocaine; guilty consistent with the plea; Wrongful of marijuana; guilty, inconsistent with the plea; and, Wrongful use of cocaine; guilty, consistent with the plea. Sentence: Forfeiture $830 pay and confinement for 30 days. Two Personnel Action forms reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)," to "Confined by Military Authorities (CMA)" effective 28 August 2008, and From "CMA" to "PDY," effective 21 September 2008. i. Lost Time / Mode of Return: 24 days (CMA, 28 August 2008 - 20 September 2008) / Released from Confinement j. Behavioral Health Condition(s): (1) Applicant provided: Northgate Mental Health Center Evaluation, 8 June 2010, reflects the following assessment: "Bipolar disorder NOS, anxiety disorder NOS, posttraumatic stress disorder and intermittent medication compliance." The Extension Case Manager, 21 November 2014, indicates the applicant as a resident of the Extension, a long-term residential program for alcoholics/addicts, was diagnosed with PTSD and Substance Abuse Disorder. (2) AMHRR Listed: Report of Mental Status Evaluation, 25 August 2008, reflects the applicant was psychiatrically cleared for any administrative action deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; was mentally responsible; and met medical retention requirements. The applicant was diagnosed with: Alcohol Dependency, Depressive Disorder, NOS. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; VA Form 21-4138; self- authored statement; Northgate Mental Health Center Authorization to Release Information and Evaluation; Associate of Arts degree certificate; All-State Academic Team certificate; Phi Theta Kappa certificate; three third-party letters; and Criminal History Consent Form and Record. 6. POST SERVICE ACCOMPLISHMENTS: Documentary evidence indicates the applicant obtained an Associate of Arts degree; was selected to an academic team recognizing scholarly achievements; is a Phi Theta Kappa member; serves as a valuable scholarly asset and vice president to the Phi Theta Kappa Alpha Psi Omicron chapter; earned college scholarships; is employed with the Wellstar Kenneston Hospital cafeteria; and maintains 4.0 GPA while majoring in Psychology. 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 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). 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), the issues, and documents submitted with the application were carefully reviewed. The applicant contends suffering from PTSD caused by service in Iraq, which led to self-medicating and subsequently a discharge. The applicant provided a mental health center evaluation, 8 June 2010, reflecting the applicant was diagnosed with Bipolar disorder NOS, anxiety disorder, and PTSD. The applicant's AMHRR contains documentation which supports a diagnosis of in-service depressive disorder and alcohol dependency. The record shows the applicant underwent a mental status evaluation (MSE) on 25 August 2008, which indicates the applicant was mentally responsible and able to recognize right from wrong. The MSE was considered by the separation authority. The applicant contends working hard to turn the life around by attaining degrees and credentials, and the applicant has provided documentary evidence of achievements. 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. The third-party statements provided with the application speak highly of the applicant character and performance and recognize the applicant's good conduct after leaving the Army. 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: Depressive Disorder NOS (i.e., Depression), and PTSD. (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 Depression, and the VA has diagnosed and service connected the applicant for PTSD. Service connection establishes that the applicant's PTSD existed during military service. (3) Does the condition or experience excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that there is evidence of multiple BH conditions that mitigate the basis of applicant's separation. The applicant was diagnosed in service with Depression, and the VA has diagnosed and service connected the applicant for PTSD. Given the nexus between PTSD, Depression, and self-medicating with substances, applicant's DUIs, drug possessions, and use of cocaine are mitigated. (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 and Depression outweighed the applicant's illegal drug abuse/possession and DUI offenses. b. Response to Contention(s): (1) The applicant contends suffering from PTSD caused by service in Iraq, which led to self-medicating and subsequently a discharge. The Board liberally considered this contention and determined that the applicant's PTSD and Depression outweighed the applicant's illegal drug abuse/possession and DUI offenses. (2) The applicant contends working hard to turn the life around by attaining degrees and credentials, and the applicant has provided documentary evidence of achievements. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD and Depression outweighing the applicant's illegal drug abuse/possession and DUI offenses. a. The Board determined the discharge is inequitable based on the applicant's PTSD and Depression outweighing the applicant's illegal drug abuse/possession and DUI offenses. 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. Accordingly, the narrative reason for separation was changed to Misconduct (Minor Infractions) with a corresponding separation code of JKN and reentry code of RE-3. b. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD and Depression outweighed the applicant's illegal drug abuse/possession and DUI offenses. 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 change to RE-3. 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: RE-3 e. Change Authority to: AR 635-200 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 AR20210001519 1