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 diagnosed with PTSD and TBI from the service in Afghanistan. The applicant's military records demonstrate six years of stellar and exemplary performance in the Army. The separation was based on a chapter for misconduct; however, the actual offense was two consecutive DUIs. What the unit did not know is the offenses were a result of the PTSD the applicant was suffering while deployed and the desertion of the applicant's family. The applicant contends the hardships between January to May 2015, led to the discharge. The applicant wants the Board to understand the behavior at the time was uncharacteristic and not a true representation of the applicant. b. Board Type and Decision: In a records review conducted on 19 May 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's Adjustment Disorder, Generalized Anxiety Disorder, mTBI, and PTSD outweighing the DUI basis for separation. 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 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: 23 July 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 April 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 7 March 2015, a Georgia State Patrolman apprehended the applicant for operating a motor vehicle while under the influence of alcohol. The patrolman noticed the smell of alcohol and the applicant's slurred speech and bloodshot eyes. The applicant admitted to drinking alcohol before driving. The applicant was administered standardized field sobriety test and failed. The applicant refused to complete a lawfully requested test to measure blood alcohol content. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 May 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 July 2015 / General (Under Honorable Conditions) / The Separation Authority found the medical condition was not a direct or substantial cause of misconduct as outlined in the separation packet. No other circumstances of the applicant's case warranted disability processing instead of administrative separation. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 April 2012 / 3 years b. Age at Enlistment / Education / GT Score: 23 / High School Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D20 D3 B9, Calvary Scout / 5 years, 10 Months, 22 days d. Prior Service / Characterizations: RA, 2 September 2009 - 19 April 2012 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (23 July 2010 - 3 July 2011) f. Awards and Decorations: ACM-2CS, ARCOM-2, AAM, NATOMDL, AGCM, NDSM, GWOTSM, NCOPDR, ASR, OSR, CAB g. Performance Ratings: 1 June 2012 - 31 May 2013 / Fully Capable 1 June 2013 - 31 May 2014 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Two Developmental Counseling Forms, for DUI. On 7 March 2015, a Georgia State Patrolman apprehended the applicant for operating a motor vehicle while under the influence of alcohol. The officer stopped the applicant for failing to maintain lane. The patrolman noticed the smelled of alcohol, slurred speech, and bloodshot, watery eyes. The applicant admitted too drinking alcohol before driving. The officer administered standardized field sobriety tests, which the applicant failed. The applicant refused to complete a lawfully requested test to measure the blood alcohol content. The applicant was charged with driving under the influence of alcohol. In accordance with Army Regulation 27-10, paragraph 3-3b, and Army Regulation 190-5, paragraph 2-7a(2). Report of Mental Status Evaluation, dated 24 March 2015, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong; and met medical retention requirements. The applicant had been screened for PTSD and mTBI with negative results. The applicant has been screened for substance use disorders (i.e., alcohol and drugs). No evidence of substance use disorder. The exam included clinical interview, review of BHDP, and review of medical records. The exam finds there is no indication of psychiatric disorder which would warrant consideration of medical separation. The applicant is cleared for any administrative actions deemed appropriate by the command. General Officer Memorandum Of Reprimand, dated 9 June 2015, reflects the applicant was driving while impaired. On 10 May 2015, a Columbus Police Officer apprehended the applicant for operating a motor vehicle while under the influence of alcohol. The officer stopped the applicant for failing to maintain lane. The officer noticed the applicant smelled of alcohol, slurred speech, and had bloodshot, glassy eyes. The applicant took a preliminary breathalyzer test, which resulted in a reading of 0.164 grams per 210 liters breath alcohol content, exceeding the legal limit of .08g/210L. The applicant refused to submit a blood sample to measure alcohol content. The applicant charged with driving under the influence of alcohol. In accordance with Army Regulation 27-10, paragraph 3-3b, and Army Regulation 190-5, paragraph 2-7a(2). i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: VA Rating Decision, dated 16 November 2015, reflects a service connection of 70 percent for PTSD with alcohol abuse to include traumatic brain injury with headache symptoms, and mild neuro-cognitive disorder. Medical Evaluation Board Proceedings, dated 27 May 2015, reflect the following diagnoses: Post Traumatic Stress Disorder. Medically Unacceptable, IAW AR 40-501 Ch 3-33; Traumatic Brain Injury with Headache Syndrome. Medically Unacceptable, IAW AR 40-501 Ch 3-30.g.j; Traumatic Brain Injury with mild cognitive impairment. Medically Unacceptable, IAW AR 40-501 Ch 3-30.j, 3-34 and Left ankle strain, sip A TFL tear and tenosynovitis. Medically Unacceptable, IAW AR 40-501 Ch 3-14.b.n. Medical Advisory Opinion, dated 5 June 2018, reflects a review of the applicant's electronic medical record (AHLTA) revealed the applicant had a Separation Mental Status Exam (MSE) on 24 March 2015, for a Chapter 14 discharge. The applicant screened negative for PTSD and TBI at the time. Also, the examiner concluded the applicant had no condition warranting an MEB referral at the time. An earlier Separation Medical Exam on 2 March 2015 showed an 111111 profile. An Anxiety Disorder and Sleep disturbance was noted in the summary of defects and diagnoses, though earlier in the exam a history of a S3 profile was noted. Other case shows the applicant to have had a MEB referral. The applicant AHLTA diagnoses include adjustment disorders, numerous alcohol disorder, including Alcoholism and Alcoholism in Remission, Anxiety NOS, Brain Injury Traumatic, Chronic PTSD, Generalized Anxiety Disorder, Marital Problem, Memory Lapse, Mild Cognitive Impairment, Nicotine Dependence, Nightmare Disorders, Overweight, Paranoid Ideation, PTSD, Sleep Disturbance, Tinnitus, and Tobacco Use. The Limited review of VA (Veteran's Administration) records through the JLV (Joint Legacy Viewer) showed he has a VA SC disability rating of 80 percent some records showing 70 percent for PTSD. The applicant VA problem list includes Chronic PTSD. (2) AMHRR Listed: Medical Evaluation Board Proceedings, dated 27 May 2015, as described in previous paragraph 4j(1). Report of Medical History, dated 11 March 2015, the examining medical physician noted in the comments section: Seeing behavioral health for PTSD, anxiety, depression, insomnia, and short-term memory loss. Report of Medical Examination, undated, the examining medical physician noted in the comments section: Anxiety disorder, depression, and insomnia. Physical Profile, dated 16 April 2015, reflects the applicant had the following medical conditions: Post Traumatic Stress Disorder (PTSD, IAW paragraph 3-31a, AR 40-501 and Traumatic Brain Injury (TBI) IAW para 3-30j, AR 40-501. This Soldier has reached Medical Retention Decision Point (MRDP) and no further treatment will significantly improve condition. The Soldier also has the following diagnoses which are not known to be disqualifying for retention, IAW AR 40-501: Lumbago, Migraines HA, Insomnia, left ankle pain and right hearing loss. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; two DD Forms 293, self-authored letter; DA Form 3947; Memorandum dated 3 June 2015; York County letter; medical records; VA Rating Decision Veterans Court Alternative Program letter and agreement; two letters of support; applicant's three to five year plan for a better future; Competition of Tender Heart Ministries; The Veterans Court Alternative Program; Alcoholism and Driving Under the Influence paper; Separation File; MEB Summary; VA Form 21-0819; Hearing Loss and Tinnitus Disability Benefits Questionnaire; Initial Evaluation of Residuals of Traumatic Brain Injury (1-TBI) Disability Benefits Questionnaire; Initial Post Traumatic Stress Disorder (PTSD) Disability Benefits Questionnaire; General Medical - Separation Health Assessment Disability Benefits Questionnaire Internal VA or DoD Use Only; DA Form 4256. 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 diagnosed with PTSD and TBI from service in Afghanistan. The applicant provided Medical Evaluation Board Proceedings, dated 27 May 2015, reflecting the following diagnosis: Post Traumatic Stress Disorder. Medically Unacceptable, IAW AR 40-501 Ch 3-33; Traumatic Brain Injury with Headache Syndrome. Medically Unacceptable, IAW AR 40-501 Ch 3-30.g.j; Traumatic Brain Injury with mild cognitive impairment. Medically Unacceptable, IAW AR 40-501 Ch 3-30.j, 3-34 and Left ankle strain, sip A TFL tear and tenosynovitis. Medically Unacceptable, IAW AR 40-501 Ch 3-14.b.n. A VA Rating Decision dated 16 November 2015, reflects a service connection of 70 percent for PTSD with alcohol abuse to include traumatic brain injury with headache symptoms, and mild neuro-cognitive disorder. A VA Rating Decision dated 16 November 2015 reflects a service connection of 70 percent for PTSD with alcohol abuse to include traumatic brain injury with headache symptoms, and mild neuro-cognitive disorder. The applicant's AMHRR contains documentation which supports a diagnosis of PTSD. A Report of Medical History, dated 11 March 2015, the examining medical physician noted in the comments section: Seeing behavioral health for PTSD, anxiety, depression, insomnia, and short-term memory loss. A Report of Medical Examination, undated, the examining medical physician noted in the comments section: Anxiety disorder, depression, and insomnia. A Physical Profile, dated 16 April 2015, reflects the applicant had the following medical conditions Depression, Bipolar, Psychotic Disorder and Anxiety Disorder. Post-Traumatic Stress Disorder (PTSD, IAW paragraph 3-31a, AR 40-501 and Traumatic Brain Injury (TBI) IAW para 3-30j, AR 40-501. This Soldier has reached Medical Retention Decision Point (MRDP) and no further treatment will significantly improve condition. The Soldier also has the following diagnoses which are not known to be disqualifying for retention, IAW AR 40-501: Lumbago, Migraines HA, Insomnia, left ankle pain and right hearing loss. The AMHRR shows the applicant underwent a mental status evaluation (MSE) on 24 March 2015, 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 applicant contends the hardships and family issues between January to May 2015, led to the discharge. There is no evidence in the AMHRR the applicant ever sought assistance before committing the misconduct, which led to the separation action under review. The applicant contends good service, including a combat tour. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The third-party statements provided with the application speak highly of the applicant. They all 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: Adjustment Disorder, Generalized Anxiety Disorder, mTBI, 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 an Adjustment Disorder, Generalized Anxiety Disorder, mTBI, and PTSD. Applicant is also service connected for his PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant was diagnosed in service with an Adjustment Disorder, Generalized Anxiety Disorder, mTBI, and PTSD. Applicant is also service connected for his PTSD. Applicant's BH conditions mitigate the DUI that led to his separation given the nexus between PTSD/TBI and medicating with substances. (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 Adjustment Disorder, Generalized Anxiety Disorder, mTBI, and PTSD outweighed the DUI basis for separation for the aforementioned reason. b. Response to Contention(s): (1) The applicant contends being diagnosed with PTSD and TBI from service in Afghanistan. The Board considered this contention and accordingly voted to upgrade the discharge based on the applicant's Adjustment Disorder, Generalized Anxiety Disorder, mTBI, and PTSD outweighing the DUI basis for separation. (2) The applicant contends the hardships and family issues between January to May 2015, led to the discharge. The Board considered this contention but ultimately voted to upgrade the discharge based on the applicant's Adjustment Disorder, Generalized Anxiety Disorder, mTBI, and PTSD outweighing the DUI basis for separation. (3) The applicant contends good service, including a combat tour. The Board considered this contention but ultimately voted to upgrade the discharge based on the applicant's Adjustment Disorder, Generalized Anxiety Disorder, mTBI, and PTSD outweighing the DUI basis for separation. c. The Board determined the discharge is inequitable based on the applicant's Adjustment Disorder, Generalized Anxiety Disorder, mTBI, and PTSD outweighing the DUI basis for separation. Therefore, the Board voted to grant relief. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's Adjustment Disorder, Generalized Anxiety Disorder, mTBI, and PTSD outweighing the DUI basis for separation. 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 AR20210001936 1