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, and an upgrade of the applicant’s RE code. The applicant seeks relief contending, in effect, the applicant realizes the mistakes made during the first time in the U. S. Armed Forces and apologizes for the actions. The applicant could have been a better Soldier however, the applicant did not realize the problem at the time. The applicant has learned through the years what is more important in life. Since May of 2012, the applicant has been an active member of a 12-step program. In April of 2012, the applicant decided to enter treatment at Samaritan Colony, a 28-day treatment facility, and afterwards, transitioned over to Bethesda Inc., a halfway house and resided there for approximately nine months. After completing these programs, the applicant moved to Kinston, NC and resided there until recently. Since the applicant has been in recovery, and after transitioning to Kinston, NC, the applicant has been called upon to participate and work under the District Coordinator for Treatment facilities in Greenville, NC area. The applicant is currently the Program Coordinator for Walter B. Jones Treatment facility in Greenville, NC, and Crossroads Hospital out of New Bern, NC. The applicant has volunteered service, work, and time for Correctional Facilities. The applicant has also had the privilege of being able to obtain an Education (equivalent to an A.A. currently) and is currently enrolled in the B.A. program. The applicant has maintained a GPA of 3.98. Today, the applicant continues to attend 12 step meetings, is a full- time employee at the Hilton Garden Inn-Southpoint, in Durham, NC. b. Board Type and Decision: In a records review conducted on 27 October 2022, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 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: Use of Illegal Drugs / AR 135-178, Chapter 12-1d / NIF / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 7 August 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: Orders 221-913, dated 8 August 2012, with an effective date of 7 August 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 March 2009 / 8 years (ARNG) b. Age at Enlistment / Education / GT Score: 18 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 3 years, 4 months, 21 days d. Prior Service / Characterizations: IADT, 13 May 2009 – 16 October 2009 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report to Suspend Favorable Personnel Actions (FLAG), dated 24 October 2010, reflects a FLAG was initiated against the applicant for an Army Physical Fitness Test Failure with an effective date of 24 October 2010. Report to Suspend Favorable Personnel actions (FLAG), dated 15 April 2011, reflects a FLAG was initiated against the applicant for Adverse Action with an effective date of 6 February 2011. Orders 221-913, dated 8 August 2012, reflect the applicant was to be discharged on 7 August 2012 from the Army National Guard and as a Reserve of the Army. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of a letter from Samaritan Colony, undated which reflects the applicant has received inpatient substance treatment from 23 April to 21 May 2012 and followed aftercare recommendations by continuing treatment for approximated 12 months at a halfway house in Aberdeen, NC (Bethesda, INC). The applicant has been an active member of Alcoholics Anonymous and maintained continuous sobriety. The applicant provided a copy of a letter from Bethesda Inc, dated 18 December 2015, which reflects the applicant was admitted to Bethesda Halfway House on 21 May 2012, after successfully completing an inpatient treatment program in Rockingham, NC. The applicant left Bethesda on 31 January 2013 and continues to attend Alcoholics Anonymous meeting on a regular basis. 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 149; self-authored statement; State of North Carolina Department of Public Safety Joint Force Headquarter Letter; Congressional Inquiry Division email; Privacy Authorization Release Form; National Guard Bureau Letter; Orders 221-913; State of North Carolina Certificate; verification of treatment services letter; Bethesda fax cover letter and brochure; college transcripts; ABCMR letter; online DD Form 293; NGB Form 22; Army National Guard Current Annual Statement; Army National Guard Retirement Points Statement; six third-party letters. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is currently the Program Coordinator for Walter B. Jones Treatment facility I Greenville, NC and Crossroads Hospital out of New Bern, NC. The applicant has volunteered service, work, and time for Correctional Facilities. The applicant has also had the privilege of being able to obtain an Education (equivalent to an A. A. currently) and is currently enrolled in the B.A. program. The applicant has maintained a GPA of 3.98. Today, the applicant continues to attend 12 step meetings, is a full-time employee at the Hilton Garden Inn-Southpoint, in Durham, NC. 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 135-178 prescribes the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. (1) Paragraph 2-9a prescribes an honorable characterization 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. (2) Paragraph 2-9b, prescribes, if a Soldier’s service has been honest and faithful, it is appropriate to characterize that service as general (under honorable conditions). Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of the Soldier’s conduct or performance of duty outweigh positive aspects of the Soldier’s military record. (3) Chapter 11 (previously Chapter 12), 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, and convictions by civil authorities. 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 11-1d, prescribes illegal drug use is serious misconduct. Discharge action normally will be based upon commission of a serious offense. However, relevant facts may mitigate the nature of the offense. Therefore, a single drug offense may be combined with one or more disciplinary infractions or incidents or other misconduct and processed for discharge. (5) Paragraph 11-8, states an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be 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 Army Military Human Resource Record (AMHRR) is void of the specific facts and circumstances concerning the events which led to the applicant’s discharge from the Army National Guard. The applicant’s AMHRR record does contain a properly constituted NGB Form 22 and discharge order: Orders 221-913, dated 8 August 2012. The NGB Form 22 and orders indicate the applicant was discharged under the provisions of AR 135-178, Chapter 12d, with a characterization of service of general (under honorable conditions). The applicant contends not realizing the problem during the time of service and states the applicant should have been a better Soldier. The applicant provided a copy of a letter from Samaritan Colony, undated, which reflects the applicant has received inpatient substance treatment from 23 April to 21 May 2012 and followed aftercare recommendations by continuing treatment for approximated 12 months at a halfway house in Aberdeen, NC (Bethesda, INC). The applicant has been an active member of Alcoholics Anonymous and maintained continuous sobriety. The applicant provided a copy of a letter from Bethesda Inc, dated 18 December 2015, which reflects the applicant was admitted to Bethesda Halfway House on 21 May 2012, after successfully completing an inpatient treatment program in Rockingham, NC. The applicant left Bethesda on 31 January 2013 and continues to attend Alcoholics Anonymous meeting on a regular basis. The AMHRR is void of an MSE. The applicant desires to rejoin the Military Service. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-201, the applicant was appropriately assigned an RE code of “3.” There is no basis upon which to grant a change to the reason or the RE code. An RE Code of “3” indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army’s needs at the time and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant is currently the Program Coordinator for Walter B. Jones Treatment facility I Greenville, NC, and Crossroads Hospital out of New Bern, NC. The applicant has volunteered service, work, and time for Correctional Facilities. The applicant has also had the privilege of being able to obtain an Education (equivalent to an A.A. currently) and is currently enrolled in the B.A. program. The applicant has maintained a GPA of 3.98. Today, the applicant continues to attend 12 step meetings, is a full-time employee at the Hilton Garden Inn-Southpoint, in Durham, NC. 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. The third-party statements provided with the application speak highly of the applicant and 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? No. The Board’s Medical Advisor, a voting member, reviewed DoD and VA medical records and found the applicant had no mitigating BH diagnoses. The applicant provided no documents or testimony of an in-service condition or experience, that, when applying liberal consideration, could have excused or mitigated a discharge. (2) Did the condition exist or experience occur during military service? N/A (3) Does the condition or experience actually excuse or mitigate the discharge? N/A (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contention(s): (1) The applicant contends not realizing the problem during the time of service. The applicant should have been a better Soldier. The Board considered this contention and noted the applicant stating that once the applicant became aware of the pending separation, the applicant then began participating in treatment programs and continued to participate in such programs throughout and after the discharge. However, the Board’s Medical Advisor found that there were no in service behavioral health diagnoses that would have mitigated the applicant’s accepted basis for separation – use of illegal drugs. In this case, the Board considered this contention and determined that the applicant’s post-service conduct did not outweigh the basis for separation. (2) The applicant desires to rejoin the Military Service. The Board considered this contention and voted to maintain the RE-code at an RE-3, which is a waivable code. An RE Code of “3” indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army’s needs at the time and are required to process waivers of reentry eligibility (RE) codes, if appropriate. c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. However, the applicant may request a personal appearance hearing to address the 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 not to change the applicant’s characterization of service because, despite applying liberal consideration, the applicant did not have any BH diagnoses for the Board to consider that would outweigh the accepted basis for applicant’s separation – use of illegal drugs. Additionally, the applicant’s service and post-service did not outweigh the significant misconduct of multiple use of illegal drugs. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. (2) The Board voted not to change the applicant’s reason for discharge or accompanying SPD code under the same pretexts, and 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 / Separation Order: No b. Change Characterization to: No Change 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 AR20210002410 1