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 honorable. The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, the discharge is inequitable because it was based on one incident in eight years and seven months of service with no other adverse action or incident. The applicant suffered from PTSD because of the deployments and medical records will show a diagnosis of PTSD and other health issues. The applicant received two AGCMs and was three months away from receiving the third AGCM. An upgrade would allow the applicant to receive VA benefits, and it would allow the applicant to move forward with their career. b. Board Type and Decision: In a records review conducted on 23 May 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD outweighing the medically mitigated basis for separation - attempt to wrongfully possess psilocybin and marijuana, and wrongful use of marijuana. Therefore, the Board voted to grant relief in the form of a narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN, and the reentry code to 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 / Honorable b. Date of Discharge: 1 November 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 August 2012 (2) Basis for Separation: The applicant was informed of the following reasons: the applicant attempted to wrongfully possess psilocybin, wrongfully possessing, and using marijuana. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 August 2012 (5) Administrative Separation Board: On 9 August 2012, the applicant unconditionally waived consideration of the case before an administrative separation board. (6) Separation Decision Date / Characterization: 28 September 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 May 2008 / 6 years b. Age at Enlistment / Education / GT Score: 22 / some college / 110 c. Highest Grade Achieved / MOS / Total Service: E-5 / 31B20, Military Police / 9 years, 1 month, 1 day d. Prior Service / Characterizations: RA, 1 October 2003 - 28 May 2008 / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (27 April 2009 - 10 June 2010); Iraq (6 December 2004 - 2 April 2005; 27 November 2006 - 14 February 2008) f. Awards and Decorations: ICM-2CS, JSCM, ARCOM-2, JSAM, AAM, AGCM-2, NDSM, ACM-2CS, GWOTEM, GWOTSM, NCOPDR-2, ASR, OSR-2 g. Performance Ratings: 1 October 2008 - 30 June 2009 / Fully Capable 1 July 2009 - 30 June 2010 / Among The Best 1 July 2010 - 10 April 2011 / Among The Best 11 April 2011 - 13 March 2012 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 21 March 2012, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings. The service member may participate in PT as allowed by physical profile, as exercise often improves mood. Service member has been screened for substance use disorders (i.e., alcohol and drugs). Enrolled in ASAP. Electronic Copy of DD Form 2624, dated 12 April 2012, reflects the applicant tested positive for THC 146 (marijuana) during a Probable Cause (PO) urinalysis testing, conducted on 10 March 2012. Electronic Copy of DD Form 2624, dated 24 April 2012, reflects the applicant tested positive for THC 168 (marijuana), during a Random Inspection (RO) urinalysis testing, conducted on 2 April 2012. Electronic Copy of DD Form 2624, dated 30 May 2012, reflects the applicant tested positive for THC 262(marijuana), during a Random Inspection (RO) urinalysis testing, conducted on 7 May 2012. Offer to Plead Guilty, dated 2 July 2012, the applicant offers to plead guilty to the charge and its specifications, as stated in the offer to plead guilty, and offer to abide by the other terms and conditions set forth in the Offer to Plead Guilty, provided the Convening Authority will refer the charges and their specifications to a Summary Court Martial. Record of Trial by Summary Court-Martial, reflects the applicant was charged with: Charge I: Violation of the UCMJ Article 81: Specification 1: Wrongfully possess 10 grams of Marijuana. Plea: Guilty; Finding Guilty Specification 2: Wrongfully possess 15 grams of Psilocybin. Plea: Guilty; Finding Withdrawn. Specification 3: Wrongfully possessing 15 grams of Psilocybin. Plea: Guilty; Finding: Guilty. Charge II: Violation of the UCMJ Article 111: On or about 10 March 2012, operate a vehicle, while impaired by Marijuana. Plea: Guilty; Finding: Guilty. Charge III: Violation of the UCMJ Article 112: Specification 1: On or about 10 March 2012, attempt to wrongfully possess 15 grams of Psilocybin. Plea: Guilty; Finding: Guilty. Specification 2: On or about 10 March 2012, wrongfully possess 15 grams of Psilocybin. Plea: Guilty; Finding: Withdrawn. Specification 3: Wrongfully possess 10 grams of Marijuana. Plea: Guilty; Finding: Guilty. Specification 4: Wrongfully used Marijuana. Plea: Guilty; Finding: Guilty. Specification 5: On or about 2 April 2012, used Marijuana. Plea: Guilty; Finding: Guilty. Specification 6: On or about 7 May 2012, used Marijuana. Plea: Guilty; Finding: Guilty. The sentenced adjudged on 24 July 2012, reduction to E4 and restriction for two months. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: Report of Medical History, dated 12 March 2012, the examining medical physician noted in the comments section: Anxiety possible depression and PTSD. Report of Medical Assessment, dated 12 March 2012, the examining medical physician noted in the comments section: Follow up in psychology regarding PTSD, depression, anxiety, and stress. Report of Medical Examination, dated 2 April 2012, the examining medical physician noted in the comments section: Follow up with psychology 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; NCOER; self-authored letter; Concussion/Headache Disposition Sheet; three DA Forms 689. 6. Post Service Accomplishments: The applicant obtained employment and is expecting first child. 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) 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. (4) 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. (5) 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 contends the narrative reason for the discharge needs to be changed. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-8, Separation Processing and Documents, governs preparation of the DD Form 214, and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2-3 of AR 635- 5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends suffering from PTSD because of the deployments. The applicant's AMHRR includes a Report of Medical History, dated 12 March 2012, which reflects the examining medical physician noted in the comments section: Anxiety possible, depression, and PTSD. A Report of Medical Assessment, dated 12 March 2012, reflects the examining medical physician noted in the comments section: Follow up in psychology regarding PTSD, depression, anxiety, and stress. The record shows the applicant underwent a mental status evaluation (MSE) on 21 March 2012, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The MSE and related documents were considered by the separation authority. The applicant contends the event, which led to the discharge from the Army, was an isolated incident. Army Regulation 635-200, paragraph 3-5 stipulates circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends good service, including three combat tours. The applicant contends an upgrade of the discharge would allow veterans benefits. Eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant contends obtaining employment. 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, after applying liberal consideration found the applicant's PTSD mitigated the applicant's original basis for separation that warranted a previous Board's to upgrade the applicant's characterization of service to an Honorable Discharge, and now warrants reconsideration of whether the applicant's PTSD warrants a change to the applicant's narrative reason and RE Code. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found applicant was diagnosed with PTSD on active duty and also has VA treatment records linking PTSD diagnosis to active 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 the applicant has compelling evidence for PTSD while on active duty per medical diagnosis noted in AHLTA, as well as VA treatment records supporting diagnosis of PTSD. PTSD is associated with illicit substance misuse due to patterns of self-medication of distress that are part of the natural history and sequelae of the disorder; offenses mitigated by PTSD would include possession and use of illicit substances to include cannabis and psilocybin as noted in the basis of separation. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD outweighed the medically mitigated basis for separation - attempt to wrongfully possess psilocybin and marijuana, and wrongful use of marijuana - warranting a change to the applicant's narrative reason and RE code. b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs to be changed. The Board considered this contention during proceedings, but ultimately did not address the contention because the Board granted relief as stated in paragraph 9a above. (2) The applicant contends suffering from PTSD because of the deployments. The Board found validity in this contention and ultimately did not address the contention because the Board granted relief as stated in paragraph 9a above. (3) The applicant contends the event, which led to the discharge from the Army, was an isolated incident. The Board considered this contention during proceedings, but ultimately did not address the contention because the Board granted relief as stated in paragraph 9a above. (4) The applicant contends good service, including three combat tours. The Board considered this contention during proceedings, but ultimately did not address the contention because the Board granted relief as stated in paragraph 9a above. (5) The applicant contends an upgrade of the discharge would allow veterans benefits. The Board considered this contention and determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance (6) The applicant contends obtaining employment. The Board considered this contention because the Board granted relief as stated in paragraph 9a above. c. The Board determined that the discharge is inequitable based on the applicant's PTSD fully outweighing the medically mitigated basis for separation - attempt to wrongfully possess psilocybin and marijuana, and wrongful use of marijuana. Thus, relief is warranted. d. Rationale for Decision: (1) The Board voted not to change the characterization of service due to it already being Honorable. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The Board voted to change the RE code 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, 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 AR20210001941 1