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 in treatment for numerous conditions secondary to the medical conditions. According to the squad leader, the applicant was in the process of being considered for a medical retirement at the time of the involuntary separation. The applicant contends the mental and physical conditions were exacerbated by the low moral on Fort Lewis and the applicant's immature actions which gave cause to the involuntary separation were related to the medical conditions. The applicant was in fear of going to the chain of command due to the paranoia at the time; a symptom of the applicant's service- connected PTSD. The applicant seeks an upgrade to use Post 9/11 GI Bill to further their education. The applicant also needs and honorable discharge for third-party service in the community. b. Board Type and Decision: In a records review conducted on 4 May 2023, and by a 3-2 vote, the Board determined the discharge is inequitable based on the TBI and depression and the pre-combat drug use, distribution and under-age drinking is mitigated by the applicant's service record including the applicant's length and quality of service, to include combat service. 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, 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 / General (Under Honorable Conditions) b. Date of Discharge: 11 February 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 January 2011 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 3 March 2009, the applicant wrongfully used cocaine; On or about 3 March 2009, the applicant wrongfully had cocaine in their possession; On or about 3 March 2009, the applicant wrongfully distributed cocaine; On or about 3 March 2009, the applicant wrongfully consumed alcohol while underage; and, On or about 8 April 2009, the applicant failed to keep possession of the military identification card. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 December 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 January 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 September 2008 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 20 / GED / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 4 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (15 July 2009 - 15 July 2010) f. Awards and Decorations: ACM-CS, ARCOM, NDSM, GWOTSM, ASR, OSR, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 22 April 2009, for failing to keep possession of the military identification card on or about 8 April 2009. The punishment consisted of extra duty and restriction for 14 days CID Report of Investigation - Final, dated 12 May 2009, investigation determined the applicant committed the offenses of Wrongful Use, Possession, and Distribution of a Controlled Substance when the applicant consumed Cocaine and provided Cocaine to SPC H. on two separate occasions. The applicant was interviewed and confessed to using and distributing Cocaine. FG Article 15, dated 3 June 2009, for wrongfully using cocaine on or about 3 March 2009; wrongfully possess cocaine in some amount on or about 3 March 2009; wrongfully distribute cocaine in some amount on or about 3 March 2009; and violate a lawful general regulation by wrongfully consuming alcohol while underage on or about 3 March 2009. The punishment consisted of a reduction to E-1; forfeiture of $647 pay per month for two months; and extra duty and restriction for 45 days. Mental Status Evaluation, dated 29 October 2010, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant was mentally responsible with a clear thinking process. Developmental Counseling Form, for self-admitting cocaine use on 22 Aril 2009. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: Medical Encounters while in the US Army, dated 7 December 2010, reflects the applicant was diagnosed with: Cannabis Dependence, UNSP; Cocaine Abuse, UNSP; Hallucinogen Abuse, UNSP; and Amphetamine or related AC. Medical Encounters while in the US Army, dated 9 December 2010, reflects the applicant was diagnosed with: Adjustment Disorder, Mixed Disturbance, EMTN. Medical Encounters while in the US Army, dated 21 August 2013, reflects the applicant was diagnosed with: PTSD; Depressive Disorder NEC; and HX Traumatic Brain Injury. VA Rating Decision Letter, dated 10 June 2015, reflects the applicant was granted 30 percent service-connected for PTSD. (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; two VA Rating Decisions; Medical Documents; DD Form 214. 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(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 waivable and nonwaivable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-4 Applies to: Person separated from last period of service with a nonwaivable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to honorable. The applicant contends the mental and physical conditions were exacerbated by the low moral on Fort Lewis. The applicant did not submit any evidence, other than the applicant's statement, to support the contention. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends youth and immaturity affected the applicant's behavior at the time of the discharge. The AMHRR shows the applicant met entrance qualification standards to include age. The applicant contends the discharge should have been for medical reasons. Army Regulation 635-200, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends being in fear of going to the chain of command due to the applicant's paranoia which was a symptom of the service-connected PTSD. The applicant's AMHRR contains documentation which supports a diagnosis of in-service PTSD. The applicant provided Medical Encounters while in the US Army, dated 21 August 2013, reflecting the applicant was diagnosed with: PTSD; Depressive Disorder NEC; and, HX Traumatic Brain Injury. The applicant also provided a copy of VA Rating Decision Letter, dated 10 June 2015, which reflects the applicant was granted 30 percent service-connected for PTSD. The record shows the applicant underwent a mental status evaluation (MSE) on 29 October 2010, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The MSE was considered by the separation authority. The applicant contends an upgrade would allow educational benefits through the GI Bill. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. 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, Acute Reaction to Stress, mTBI, Adjustment Disorder, Anxiety, and Depression. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant's mTBI, Acute Stress Reaction, Depression, Adjustment Disorder, and PTSD. Service connection establishes that applicant's PTSD existed during the applicant's military service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board Medical Advisor applied liberal consideration and opined that none of the applicant's behavioral health mitigate the applicant's offenses of underage alcohol consumption, drug offenses or failure to keep possession of the applicant's military ID as the applicant's misconduct occurred prior to the applicant's behavioral health diagnosis and deployment that resulted in the applicant's PTSD/mTBI. (4) Does the condition or experience outweigh the discharge? No. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the available evidence did not support a conclusion that the applicant's PTSD, TBI and Depression outweighed the applicant's medically unmitigated basis for applicant's separation - wrongful use, possession, and distribution of cocaine, and underage drinking. - for the aforementioned reason(s). b. Response to Contention(s): (1) The applicant contends the mental and physical conditions were exacerbated by the low morale on Fort Lewis. The Board considered this contention and determined the applicant's PTSD/TBI, length and quality of service, to include combat outweighed the applicant's discharge. The Board voted to upgrade the applicant's discharge to Honorable. (2) The applicant contends youth and immaturity affected the applicant's behavior at the time of the discharge. The Board considered this contention and determined that the applicant's youth and immaturity do not mitigate or excuse the applicant's misconduct. However, as stated above, the Board determined that the applicant's PTSD/TBI, length and quality of service, to include combat outweighed the applicant's discharge. The Board voted to upgrade the applicant's discharge to Honorable (3) The applicant contends the discharge should have been for medical reasons. The Board considered this contention and determined that the applicant's requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans' Service Organization. (4) The applicant contends an upgrade would allow educational benefits through the GI Bill. 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. c. The Board determined the discharge is inequitable based on the Board determined the under-age drinking is mitigated by the applicant's service record length and quality of service, to include combat service. 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, and the reentry code to RE-3. However, the applicant may request a personal appearance hearing to address further issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the Board determined the distribution and under-age drinking is mitigated by the applicant's service record length and quality of service, to include combat service. The Board voted to upgrade the applicant's discharge to Honorable. 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 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 AR20210001953 1