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 under other than honorable conditions. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, the DD Form 214 requires correction to reflect continuous honorable service from 27 January 2005 through 10 December 2014, as shown in block 18 for veterans' benefits. Veterans Administration indicates service from 2005 to 2014 was dishonorable. The applicant contends not signing the DD Form 214. b. Board Type and Decision: In a records review conducted on 18 April 2023, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's PTSD outweighing the oxycodone, heroin, and methamphetamine use basis for separation. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. 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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 20 August 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 July 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 31 March 2015, the applicant recklessly endangered and threatened a civilian by assaulting the civilian with the applicant's vehicle while driving under the influence of Oxycodone . On or about 24 March 2015, the applicant resisted apprehension and conduct was disorderly. On or about 11 December 2014, the applicant wrongfully used Heroin, a schedule II-controlled substance. On or about 25 March 2015, the applicant wrongfully used Methamphetamine, a scheduled II controlled substance. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 4 August 2015 (5) Administrative Separation Board: On 4 August 2015, the applicant unconditionally waived consideration of the case before an administrative separation board. On 11 August 2015, the applicant's unconditional waiver was approved. (6) Separation Decision Date / Characterization: 11 August 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 January 2013 / 3 years b. Age at Enlistment / Education / GT Score: 27 / GED / 112 c. Highest Grade Achieved / MOS / Total Service: E-6 / 12K30, Plumber / 11 years, 11 months, 28 days d. Prior Service / Characterizations: USAR, 28 July 2003 - 6 October 2003 / NA IADT, 7 October 2003 - 5 October 2004 / NIF (Concurrent Service) RA, 27 January 2005 - 30 January 2013 / HD (The AHMRR is void of any reenlistments between 28 January 2005 and 30 January 2013). e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (7 June 2013 - 13 December 2013); Iraq (20 March 2005 - 17 December 2005; 30 October 2006 - 23 October 2007); Kuwait (23 October 2010 - 20 October 2011) f. Awards and Decorations: ACM-2CS, ARCOM-4, JSAM, AAM-4, NATOMDL, AGCM-2, NDSM, GWOTEM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR-4, MFOM g. Performance Ratings: 1 March 2013 - 28 February 2014 / Fully Capable 1 March 2014 - 23 February 2015 / Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 19 March 2015, for wrongfully using heroin on or about 11 December 2014. The punishment consisted of a reduction to E-1; forfeiture of $1,533 pay per month for two months (suspended); extra duty; restriction for 45 days (suspended); and oral reprimand. Record Of Supplementary Action Under Article 15, UCMJ, dated 8 April 2015, reflects the suspended portion of the punishment imposed on 8 April 2015 (sic), [should reflect 19 March 2015], was vacated for: Article 86, fail to go at the prescribe time to appointed place of duty on 24 March 2015. Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "PDY" to "CCA," effective 31 March 2015; From "CCA" to "PDY," effective 20 April 2015; and From "AWOL" to "PDY," effective 27 July 2015. i. Lost Time / Mode of Return: 24 days: CCA, 31 March 2015 - 20 April 2015 / Released from Confinement AWOL, 23 July 2015 - 27 July 2015 / NIF j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 and VA Administrative Decision. 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) Paragraph 3-7c states Under Other Than Honorable Conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) 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. (7) 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 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's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends the DD Form 214 requires correction to reflect continuous honorable service from 27 January 2005 through 10 December 2014, as shown in block 18 for veteran's benefits. The applicant's DD Form 214 reflects continuous honorable service from 27 January 2005 to 10 December 2014, in block 18. If the applicant believes the DD Form 214 is still in error the applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant's request veteran's 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 not signing the DD Form 214. Army Regulation 635-8 (Separation Processing and Documents) reflects when a Soldier is not available (separated in absentia), the DD Form 214 will reflect "Solider not available to sign." The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. 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 found that the applicant has the following potentially mitigating diagnoses/experiences: PTSD. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found applicant is service connected for PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board's Medical Advisor applied liberal consideration and opined that applicant has clear evidence of partial mitigation associated with PTSD diagnosed on active duty and for which he is now service connected. PTSD mitigates offenses directly related to wrongful use of substances, due to self-medication being a part of the natural history and sequelae of PTSD. PTSD does not impair one's ability to differentiate right from wrong and adhere to the right, therefore does not mitigate assault on another individual or fleeing apprehension even if such events occurred while under the influence of a substance. (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 oxycodone, heroin, and methamphetamine use basis for separation for the aforementioned reason(s). The remaining misconduct of vehicular assault, resisting arrest, and disorderly conduct is not mitigated. b. Response to Contention(s): (1) The applicant contends the DD Form 214 requires correction to reflect continuous honorable service from 27 January 2005 through 10 December 2014, as shown in block 18 for veteran's benefits. The Board 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. (2) The applicant's request veteran's 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. (3) The applicant contends not signing the DD Form 214. The Board considered this contention and determined Army Regulation 635-8 (Separation Processing and Documents) reflects when a Soldier is not available (separated in absentia), the DD Form 214 will reflect "Solider not available to sign." The Board voted after considering the contention and finding no evidence of the Command acting in an arbitrary or capricious manner. An upgrade to General, Under Honorable Conditions was granted based on applicant's PTSD mitigating the oxycodone, heroin, and methamphetamine use basis for separation. The remaining misconduct of vehicular assault, resisting arrest, and disorderly conduct is not mitigated. c. The Board determined that the characterization of service was inequitable based on the applicant's PTSD outweighing the oxycodone, heroin, and methamphetamine use basis for separation. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. 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 General Under Honorable Conditions because the applicant's PTSD mitigated the applicant's misconduct of oxycodone, heroin, and methamphetamine use. However, the applicant's unmitigated misconduct of assault and fleeing the scene of an accident diminished the applicant's quality of service below that level of sufficiently meritorious service to warrant an HD. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, as the reason the applicant was discharged was both proper and equitable. (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: General, Under Honorable Conditions c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change 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 AR20210002082 1