1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, the request is supported by combat service and two prior honorable discharges. Prior to returning from Afghanistan, the conduct and efficiency ratings, behavior, and proficiency were good. Since the applicant served in combat, PTSD has been diagnosed as a contributing factor and is being treated. The applicant began using alcohol to self-medicate to cope with certain situations and emotions. Clemency is warranted because, despite receiving treatment while on active duty, the applicant was reluctant to admit experiencing the symptoms of combat stress for fear of being deemed unfit because of the mental illness and losing the chance to complete the active-duty service if the applicant admitted to having issues (nightmares and dreams). It was an injustice to suffer the negative consequences of the discharge while having to suffer silently from the PTSD. The applicant was a good noncommissioned officer who served honorably for over five years. After returning from Afghanistan, the excessive drinking problems began. The applicant has since enrolled and is currently pursuing an associate degree at the Northwest Florida State College and will attend the University of West Florida for a degree in electrical engineering. The applicant has been a good citizen; has worked hard to improve oneself because of the DUI incidents by completing training and any classes offered; has been attending local Alcohol Anonymous meetings since February 2015; and has completed the Okaloosa County Veterans Court System program. The applicant further details the contentions in the application. b. Board Type and Decision: In a records review conducted on 25 July 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD outweighing the basis for separation - two serious incidents of alcohol-related misconduct. 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 RE code was proper and equitable and voted no 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: 5 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 November 2014 (2) Basis for Separation: The applicant was informed of the following reasons: Between 4 December 2013 and 6 July 2014, the applicant was involved in two serious incidents of alcohol- related misconduct. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 November 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: In an undated memorandum. / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 January 2013 / 3 years b. Age at Enlistment / Education / GT Score: 23 / High School Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B2P, Infantryman / 5 years, 9 months, 20 days d. Prior Service / Characterizations: RA, 10 February 2009 - 28 October 2010 / HD RA, 29 October 2010 - 14 January 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (12 May 2010 - 14 April 2011) f. Awards and Decorations: ACM-CS, ARCOM, AAM-4, JMUA, VUA, AGCM, NDSM, GWOTSM, NCOPDR, ASR, OSR, NATOMDL, CIB, PUC g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Service School Academic Evaluation Report, dated 3 October 2013, reflects the applicant exceeded the course standards for the Warrior Leader Course, graduated in the top 20 percent academically and was placed on the Commandant's List. General Officer Memorandum Of Reprimand and its associated investigative reports, dated 12 March 2014, reflect the applicant was apprehended for operating a motor vehicle while under the influence of alcohol. After being stopped for failing to maintain the lane, failing to stop at a stop sign, and driving without headlights after dark on 4 December 2013, the applicant refused to take a lawfully requested breath sample test to measure the alcohol content. CG Article 15, dated 21 January 2014, for physically controlling a passenger car, while drunk, and operating the passenger car in a reckless manner with no lights, running a stop sign, failing to maintain a single lane, and driving in the median on 4 December 2013. The punishment consisted of a forfeiture of $596 pay (suspended); extra duty and restriction for 14 days; and an oral reprimand. A Personnel Action form reflects the applicant's duty status changed from "Present for Duty (PDY)" to "Confined by Civil Authorities (CCA)," effective 6 July 2014. Two Developmental Counseling Forms for being notified for involuntary separation proceedings based on numerous violations of the UCMJ. General Officer Memorandum Of Reprimand, dated 10 September 2014, reflects the applicant was apprehended for operating a motor vehicle while under the influence of alcohol. After being stopped for speeding and failing to maintain the lane on 6 July 2014, the applicant refused to submit to a breath sample test to measure the alcohol content. i. Lost Time / Mode of Return: 37 days (CCA, 6 July 2014 - 11 August 2014) / NIF j. Behavioral Health Condition(s): (1) Applicant provided: Okaloosa County Vet Center Intake Assessment, Treatment Plan, and Progress Notes, dated in July and August 2015, reflect the applicant's symptoms indicate PTSD. (2) AMHRR Listed: Report of Mental Status Evaluation, dated 7 October 2014, reflects the applicant was cleared for administrative proceedings. From Behavioral Health standpoint, the applicant was deemed unfit for duty because of mental condition not amounting to a medical disability. The applicant could understand and participate in administrative proceedings and could appreciate the difference between right and wrong. The applicant was diagnosed with an AXIS I, Alcohol Dependence. The applicant had been screened for PTSD with negative results. The condition was either not present or if present, did not meet AR 40-501 criteria for a medical evaluation board. The command was advised to consider the influence of the condition. The examiner commented the applicant has an alcohol use disorder, which contributed to the misconduct, and attempts at rehabilitation from the disorder has been unsuccessful. Report of Medical History, dated 7 October 2012, the applicant noted behavioral health issues and the examining medical physician noted in the comments section: Alcohol dependence - received treatment at Eglin AFB in 2014; no diagnosis of insomnia or depression, and currently enrolled in behavioral health at Eglin; and in reference to Items No. 15 b and g: in Afghanistan 2010, encountered "dismounted IED, two grenade attacks" and "MVA 2012 Pensacola, FL - treated at Sacred Heart for concussion and skull fracture, and "currently no treatment, no TBI clinic eval or treatment." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 with listed attachments; DD Form 214; and award certificates. 6. POST SERVICE ACCOMPLISHMENTS: The applicant had enrolled in college to pursue an associate degree and a degree in electrical engineering; had been a good citizen and worked hard to improve oneself because of the DUI incidents by completing training and any classes offered; attends the local Alcohol Anonymous meetings; and completed the Okaloosa County Veterans Court System program. 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 contends being a good noncommissioned officer who served honorably for over five years, including combat service and two prior honorable discharges, and the conduct and efficiency ratings, behavior, and proficiency were good prior to serving in Afghanistan. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends silently suffering from the symptoms of PTSD and self-medicating with alcohol have led to the misconduct and separation. The applicant provided medical documents indicating treatment for alcohol abuse and PTSD, but not a direct diagnosis of the PTSD. The applicant's AMHRR contains no PTSD diagnosis. The AMHRR shows the applicant underwent a mental status evaluation (MSE) on 7 October 2014, which indicates the applicant was mentally responsible and recognized right from wrong. The MSE does not indicate any diagnosis. The MSE was considered by the separation authority. The ARBA sent a letter to the applicant at the address in the application on 2 August 2021, requesting documentation to support a PTSD diagnosis but received no response from the applicant. The applicant contends it was an injustice to suffer the negative consequences of the discharge while having suffered silently from the PTSD. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends having enrolled in college to pursue an associate degree and a degree in electrical engineering; having been a good citizen and worked hard to improve oneself because of the DUI incidents by completing training and any classes offered; attending the local Alcohol Anonymous meetings; and completing the Okaloosa County Veterans Court System program. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: unspecified trauma and stressor related disorder, PTSD, anxiety disorder NOS, possible history mild TBI. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found applicant was diagnosed with unspecified trauma and stressor related disorder on active duty and was subsequently diagnosed with PTSD and anxiety disorder NOS. Medical records are also suggestive of possible mild TBI sustained in service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that although he has no formal service-connected conditions, the applicant has a treatment diagnosis of PTSD related to combat in addition to treatment diagnoses of anxiety disorder NOS through the VA and unspecified trauma and stressor related disorder while on active duty. Each of these latter diagnoses can be subsumed under PTSD. The presence of PTSD, established under liberal consideration given the available records and diagnoses, mitigates the generally unaggravated DUI offenses noted in the basis of separation due to the nexus between PTSD and substance misuse as a form of self-medication of post-trauma related distress. Although there is evidence of potential TBI noted in the medical record, the advisor has ultimately determined there is insufficient evidence to further consider it as a potentially mitigating condition. (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 TBI outweighed the basis for separation - two serious incidents of alcohol-related misconduct - for the aforementioned reason. b. Response to Contention(s): (1) The applicant contends being a good noncommissioned officer who served honorably for over five years, including combat service and two prior honorable discharges, and the conduct and efficiency ratings, behavior, and proficiency were good prior to serving in Afghanistan. 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 outweighing the applicant's basis for separation. (2) The applicant contends unjustly and silently suffering from the symptoms of PTSD and self-medicating with alcohol has led to the misconduct and separation. The Board considered this contention and accordingly voted to upgrade the discharge based on the applicant's PTSD outweighing the basis for separation. (3) The applicant contends it was an injustice to suffer the negative consequences of the discharge while having suffered silently from the PTSD. 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 outweighing the applicant's basis for separation. (4) The applicant contends having enrolled in college to pursue an associate degree and a degree in electrical engineering; having been a good citizen and worked hard to improve oneself because of the DUI incidents by completing training and any classes offered; attending the local Alcohol Anonymous meetings; and completing the Okaloosa County Veterans Court System program. 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 outweighing the applicant's basis for separation. c. The Board determined the discharge is inequitable based on the applicant's PTSD outweighed the basis for separation - two serious incidents of alcohol-related misconduct. Therefore, the Board voted to grant relief as outlined below. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD outweighed the basis for separation - two serious incidents of alcohol-related misconduct. 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, 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 AR20210001735 1