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, the applicant has suffered many physical and mental issues since combat in Iraq. The applicant was shot and is suffering from a Traumatic Brain Injury. The applicant has completely turned life around after completing the PTSD Program. The applicant is attending college full-time to obtain a degree as a Recreational Therapist to help fellow combat veterans. The applicant completed the first semester but cannot continue without an upgrade. An upgrade would allow the applicant to receive the full benefits and to focus primarily on school while supporting the applicant's family. The applicant was isolated and self-medicated for years because of mental issues which led to a negative lifestyle. The last time the applicant had any major criminal charges was in 2010. After the applicant completed the PTSD and Drug and Alcohol Program, the applicant had a different outlook on life. The applicant has struggled since Iraq and has been working hard to make a difference in the applicant's life and the lives of others who have suffered along the way. The applicant believes the discharge is inequitable because it was based on the applicant's self-medicating because of the applicant's mental and physical service-connected disabilities at the time. The command discharged the applicant instead of helping the applicant receive the proper help the applicant needed to continue the military career. b. Board Type and Decision: In a records review conducted on 28 July 2022, and by a 4-1 vote, the Board determined the discharge is inequitable based on circumstances surrounding the discharge (OBHI and PTSD diagnoses). 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, Paragraph 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 13 April 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 March 2007 (2) Basis for Separation: The applicant was informed of the following reasons: On 24 November 2006, the applicant received a Field Grade Article 15 for wrongful use of cocaine. On 13 February 2007, while on leave, the applicant was charged with possession of drug paraphernalia and possession of a controlled substance (heroin) by the state of Pennsylvania. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 6 March 2007 (5) Administrative Separation Board: On 6 March 2007, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 11 March 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 March 2006 / 6 years, 22 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-1 / 92F10, Petroleum Supply Specialist / 1 year, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (5 October 2006 - 3 March 2007) f. Awards and Decorations: NDSM, GWOTSM, ICM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 28 September 2006, reflects the applicant tested positive for COC 238 (cocaine), during a Probable Cause (PO) urinalysis testing, conducted on 21 September 2006. FG Article 15, dated 13 November 2006, for wrongfully using cocaine (between 21 and 28 September 2006). The punishment consisted of a forfeiture of $636 pay per month for two months (suspended); extra duty and restriction for 45 days; and an oral reprimand. Commonwealth of Pennsylvania Police Criminal Complaint, dated 14 February 2007, reflects the applicant was charged with possession with intent to deliver, manufacture, or create, heroin, a controlled or counterfeit substance and possession with the intent to use of drug paraphernalia. Memorandum, subject: Chapter 14-12c for [Applicant], dated 7 March 2007, reflects the applicant's immediate commander described the various issues with the applicant's drug use. The commander indicated the applicant was given the opportunity to return to the applicant's home of record where the applicant was found unresponsive in the applicant's mother's home on the floor because of ingesting heroin. The applicant admitted to receiving a DUI and being charged with possession of marijuana, but the commander was unable to find proof of the charges. Developmental Counseling Form, dated 6 November 2006, for testing positive for cocaine on a urinalysis. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 22 February 2007, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was found to not suffer from any psychiatric pathology other than recent alleged substance abuse and a history of substance use which is consistent with dependence. The applicant provided VA Butler Healthcare, Veterans Justice Outreach Specialist, letter, dated 30 November 2017, which reflects the applicant was rated 100 percent service-connected disability for Post-Traumatic Stress Disorder. The letter further details the applicant's condition, deployment, and medical history, to include indicating the applicant was shot in the right leg while in the service and had adjustment and substance abuse issues since leaving the military. The Department of Veterans Affairs Medical Center (VAMC), Licensed Staff Psychologist, letter, dated 21 December 2017, reflects the applicant was a resident at the PTSD program from 22 November 2016 to 31 January 2017. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA Statement in Support of Claim (applicant); VA Statement in Support of Claim (third-party); Veterans Justice Outreach flyer; VA Butler Healthcare, Veterans Justice Outreach Specialist, letter; VAMC Licensed Staff Psychologist letter; PTSD Treatment Program Certificate of Completion. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is maintaining employment and sobriety; managing the PTSD symptoms; and pursuing a college degree as a recreational therapist. 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 a 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 record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends PTSD and Traumatic Brain Injury affected behavior which led to the discharge. The applicant provided several medical documents indicating a diagnosis of Post- Traumatic Stress Disorder and the VA rated the applicant 100 percent service-connected disability for PTSD. The Army Military Human Resource Record (AMHRR) shows the applicant underwent a mental status evaluation (MSE) on 22 February 2007, which indicates the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was found to not suffer from any psychiatric pathology other than recent alleged substance abuse and a history of substance use which is consistent with dependence. The MSE was considered by the separation authority. The applicant contends the command discharged the applicant instead of assisting the applicant with the issues. Army Regulation 600-85, paragraph 7-3 entitled voluntary (self) identification and referral, states voluntary (self) ID is the most desirable method of identifying substance use disorder. The individual whose performance, social conduct, interpersonal relations, or health becomes impaired because of these problems has the personal obligation to seek help. Soldiers seeking self-referral for problematic substance use may access services through BH services for a SUD evaluation. The Limited Use Policy exists to encourage Soldiers to proactively seek help. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends good service, including a combat tour. 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. The applicant contends maintaining employment and sobriety; managing the PTSD symptoms; and pursuing a college degree as a recreation therapist. 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, 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. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found PTSD was shown to be present during applicant's time in 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 a mitigating Behavioral Health condition, PTSD. As there is an association between PTSD and use of illicit drugs to self-medicate symptoms, there is a nexus between applicant's PTSD and the pattern of substance abusing behavior applicant demonstrated. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's PTSD outweighed the wrongful use of cocaine, possession of drug paraphernalia and possession of a controlled substance (heroin) basis for separation. b. Response to Contention(s): (1) The applicant contends PTSD and Traumatic Brain Injury affected behavior which led to the discharge. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD mitigating the applicant's wrongful use of cocaine, possession of drug paraphernalia and possession of a controlled substance (heroin). (2) The applicant contends the command discharged the applicant instead of assisting the applicant with the issues. The Board voted after considering the contention and finding no evidence of the Command acting in an arbitrary or capricious manner. In this case, the Board determined that the applicant's PTSD outweighed the wrongful use of cocaine, possession of drug paraphernalia and possession of a controlled substance (heroin) basis for separation. (3) The applicant contends good service, including a combat tour. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings along with the totality of the applicant's service record. (4) The applicant contends an upgrade would allow educational benefits through the GI Bill. The Board 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. (5) The applicant contends maintaining employment and sobriety; managing the PTSD symptoms; and pursuing a college degree as a recreation therapist. The ADRB is authorized to consider post-service factors in the recharacterization of a discharge. 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. In this case, the Board determined that the applicant's PTSD outweighed the wrongful use of cocaine, possession of drug paraphernalia and possession of a controlled substance (heroin) basis for separation. c. The Board determined the discharge is inequitable based on circumstances surrounding the discharge (OBHI and PTSD diagnoses). 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. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD mitigated the applicant's misconduct of wrongful use of cocaine, possession of drug paraphernalia and possession of a controlled substance (heroin). Thus, the prior characterization is no longer appropriate. (2) (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 due to applicant's service limiting condition - PTSD. 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 AR20210002703 1