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, being under the care of the Department of Veterans Affairs for PTSD, insomnia, and other health concerns, resulting from a deployment to Iraq in 2009. The marijuana use was an attempt to self-medicate for the PTSD symptoms. b. Board Type and Decision: In a records review conducted on 5 September 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's Post Traumatic Stress Disorder and Depression outweighing the applicant's drug possession offense. 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 determined the reentry code is proper and equitable and voted not to change it. 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 (Serious Offense) / AR 635-200, Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 April 2011 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant wrongfully possessed drug paraphernalia on or about 9 December 2010. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 April 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 April 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 September 2008 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 22 / High School Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 9 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (15 September 2009 - 1 September 2010) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, 9 December 2010, reflects the applicant was apprehended for: Wrongful possession of a controlled substance; Wrongful possession of drug paraphernalia; Failure to obey a written order or regulation (Pep Spice) (on post). Mental Status Evaluation, 28 January 2011, 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. This Soldier was evaluated at the Commander's request on 28 January 2011 in the Behavioral Health Clinic at Madigan Army Medical Center to support administrative discharge processing. This Soldier was evaluated for symptoms of Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). The Soldier does not exhibit PTSD or any other mental health disorder which would require a medical evaluation board through behavioral health. However, the Soldier requires further evaluation by the TBI clinic for TBI related concerns. While this Soldier is cleared for administrative actions deemed appropriate by command from a behavioral health perspective the Soldier requires further evaluation and clearance from TBI. Two Developmental Counseling Forms, for Possession of Marijuana, Drug Paraphernalia; Possession of Spice and chapter initiation. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: Medical Progress notes, 6 April 2013, reflect a diagnosis of Cyclothymic Disorder; Alcohol Abuse and PTSD. On 26 June 2015, the applicant was diagnosed with Axis I: Polysubstance dependence; PTSD by hx; mixed bipolar affective disorder, moderate; Axis II: Antisocial personality disorder; Axis III: NKDA. (2) AMHRR Listed: Report of Medical History and Examination, 9 February 2011, the examining medical physician noted in the comments section: depression. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214; DD Form 293; VA medical Records. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD, TBI, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. (2) Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. c. Army Regulation 15-180 (Army Discharge Review Board), sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Chapter 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 prescribes a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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 being under the care of the Department of Veterans Affairs for PTSD, insomnia, and other health concerns, all of which were a result of a deployment to Iraq in 2009. The applicant provided medical records which reflects a diagnosis of Cyclothymic Disorder; Alcohol Abuse and PTSD. Also, on 26 June 2015, the applicant was diagnosed with Axis I: Polysubstance dependence; PTSD by hx; mixed bipolar affective disorder, moderate; Axis II: Antisocial personality disorder; Axis III: NKDA. The applicant's AMHRR includes a Mental Status Evaluation, 28 January 2011, reflecting the applicant was cleared for any administrative actions deemed appropriate by the command. This Soldier was evaluated at the Commander's request on 28 January 2011 in the Behavioral Health Clinic at Madigan Army Medical Center to support administrative discharge processing. The applicant was evaluated for symptoms of Posttraumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). The applicant did not exhibit PTSD or any other mental health disorder which would require a medical evaluation board through behavioral health. However, the applicant required further evaluation by the TBI clinic for TBI related concerns. While the applicant was cleared for administrative actions deemed appropriate by command from a behavioral health perspective the applicant required further evaluation and clearance from TBI. The mental status evaluation was considered by the separation authority. The applicant contends the marijuana use an attempt to self-medicate for the PTSD symptoms. There is no evidence in the AMHRR the applicant ever sought assistance before committing the misconduct, which led to the separation action under review. 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, major depressive disorder, schizophreniform disorder, psychosis NOS, unspecified mood disorder/mood disorder NOS, cyclothymic disorder, bipolar disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found applicant is service-connected for PTSD and was diagnosed with major depressive disorder on active duty. There is evidence of psychosis on active duty to include a diagnosis of schizophreniform disorder and psychosis NOS, although his complicated substance use history, much of which appeared to co-occur with onset of psychosis, is consistent with primary substance-induced psychosis (which would not necessarily be considered potentially mitigating). Subsequent post-discharge diagnoses of other mood disorders to include bipolar disorder and cyclothymic disorder may be seen as progression of depression, possibly or even likely influenced by substance use. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that given the complicated history and diagnostic overlap, it is reasonable to opine that both PTSD and major depression were present at the time of service and mitigate the substance use and related offenses cited in the basis of separation (as well as other illicit drug use noted throughout the record); there is a nexus between each of these disorders and substance misuse (which would include possession of paraphernalia) as a means of self-medicating symptoms and distress associated with both depression and PTSD. (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 Post Traumatic Stress Disorder and Depression outweighed the applicant's drug possession offense. b. Response to Contention(s): (1) The applicant contends the marijuana use an attempt to self-medicate for the PTSD symptoms. The Board liberally considered this contention and the Board determined that the applicant's Post Traumatic Stress Disorder and Depression outweighed the applicant's drug possession offense. Therefore, a discharge upgrade is warranted. (2) The applicant contends being under the care of the Department of Veterans Affairs for PTSD, insomnia, and other health concerns, all of which were a result of a deployment to Iraq in 2009. 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 Post Traumatic Stress Disorder and Depression outweighing the applicant's drug possession offense. c. The Board determined the discharge is inequitable based on the applicant's Post Traumatic Stress Disorder and Depression outweighing the applicant's drug possession offense. 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 determined the reentry code is proper and equitable and voted not to change it. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's Post Traumatic Stress Disorder and Depression outweighed the applicant's drug possession offense. 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: 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 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 AR20210001595 1