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 entered into depression during a deployment after witnessing someone being shot on a mission. This resulted in behavior health problems the entire deployment because of depression and medication. The applicant was transferred to Texas and a year later and was deployed to Afghanistan for a second time. During the deployment, the applicant was still on regular medication for depression and anxiety. After serving six months in Afghanistan, the applicant returned to Texas, then transferred to another unit and took over as the Supply Sergeant. The Company Commander did not make it any better and was emotionally and mentally abusive towards the applicant and some coworkers. The applicant was not able to take care of mental problems and unable to see the psychiatrist for almost a month to get medication refilled. The applicant was without medication for almost two months. The applicant became mentally drained and decided to self- medicate. The applicant became suicidal and ended up in a psych ward for the second time before the medication was changed, and a month later the medication was changed again. The applicant went to a treatment facility for thirty days and enrolled in an Alcohol Substance Abuse Program before the discharge. The applicant was in the medical board process, but the command decided to discharge the applicant instead of going through the medical board for Post-traumatic stress disorder (PTSD) and depression. The applicant requests seven years and eleven months of good service not be based on the one misconduct, but on the overall work ethic, conduct and service to the country. b. Board Type and Decision: In a records review conducted on 26 July 2022, and by a 5-0 vote, the Board determined the board accepted basis for separation - marijuana abuse - is inequitable based on the circumstances surrounding the discharge (PTSD diagnoses). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable, to change the separation authority to AR 635-200, paragraph 14-12a, and to change the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN. 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 January 2017 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: 14 December 2016 / Under Other Than Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 February 2013 / 3 years / On 1 May 2014, the applicant voluntarily extended enlistment 10 months, giving the applicant a new Expiration - Term of Service (ETS) of 20 December 2016. b. Age at Enlistment / Education / GT Score: 29 / Some College / 118 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y20, Unit Supply Specialist / 7 years, 11 months, 15 days d. Prior Service / Characterizations: RA, 27 January 2009 - 21 February 2013 / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (26 February 2011 - 29 January 2012; 5 July 2013 - 14 December 2013) f. Awards and Decorations: ACM-2CS, ARCOM-2, AAM-3, AGCM-2, NDSM, GWOTSM, NCOPDR, ASR, OSR, NATOMDL g. Performance Ratings: 1 January 2014 - 10 November 2014 / Fully Capable 11 November 2014 - 10 November 2015 / Fully Capable 11 November 2015 - 11 March 2016 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 3 February 2016, reflects the applicant tested positive for THC 38 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 7 January 2016. FG Article 15, dated 11 March 2016, for wrongfully using marijuana (between 8 December 2015 and 7 January 2016). The punishment consisted of a reduction to E-4; forfeiture of $1,241 pay; extra duty for 45 days; and oral reprimand. The applicant's Enlisted Record Brief (ERB), dated 12 January 2017, reflects the applicant was Flagged for Involuntary Separation or Discharge (Field Initiated) (BA), effective 5 April 2016; Adverse Action (AA), effective 31 October 2016; was ineligible for reenlistment due to pending separation (9V). The Assignment Eligibility Availability (AEA) reflects the applicant was eligible for PCS reassignment, subject to normal PCS TOS restrictions. There is no termination date. The applicant was reduced to E-1 on 14 December 2016. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Physical Profile reflects the applicant had the following medical conditions: PTSD and Depression. Medical Evaluation Board Proceedings, dated 5 August 2016, reflect the following diagnosis: PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; third-party letters; self-authored statement. 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) Paragraph 1-34 states that processing Soldiers under the Disability Evaluation System (DES) takes precedence over administrative processing except for cases involving fraudulent enlistment, misconduct, Secretarial Authority, and discharge in lieu of courts-martial, which requires the Soldier's referral and completion of the MEB phase of the DES, and the Separation Authority's determination whether to proceed with DES or administrative separation if the MEB determines the Soldier does not meet medical retention standards (2) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (3) 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. (4) 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. (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(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 requests an upgrade to honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's Army Military Human Resource Record (AMHRR) is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The applicant's AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of General (Under Honorable Conditions). The applicant contends a medical evaluation board in process at the time of the separation proceedings. The applicant's AMHRR contains documentation which supports a diagnosis of in- service PTSD and depression. The record shows the applicant underwent a Medical Evaluation Board (MEB) Proceedings, dated 5 August 2016, which reflects a PTSD diagnosis. The Department of Defense disability regulations do not preclude a disciplinary separation while undergoing a medical board. AR 635-200, paragraph 1-34 states that processing Soldiers under the Disability Evaluation System (DES) takes precedence over administrative processing except for cases involving fraudulent enlistment, misconduct, Secretarial Authority, and discharge in lieu of courts-martial, which requires the Soldier's referral and completion of the MEB phase of the DES, and the Separation Authority's determination whether to proceed with DES or administrative separation if the MEB determines the Soldier does not meet medical retention standards. The applicant contends being emotionally and mentally abused by members of the chain of command. There is no evidence in the AMHRR the applicant sought assistance or reported the abuse. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends the event which led to the discharge from the Army was an isolated incident. Army Regulation 635-200, 3-5c, 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 a combat tours. The Board considered the service accomplishments and the quality of service. The third party statement provided with the application speaks highly of the applicant. It recognizes 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? 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 the applicant's Adjustment Disorder, Depression, PTSD may mitigate the applicant's discharge. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the applicant's Adjustment Disorder, Depression and PTSD existed during military 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's PTSD mitigates the applicant's Board accepted basis of separation - drug use as drug usage to manage symptoms are part of the sequela of symptoms associated with PTSD. (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 applicant's mitigated Board accepted basis for separation - drug use. b. Response to Contention(s): (1) The applicant contends a medical evaluation board was in process at the time of the separation proceedings. 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. (2) The applicant contentions as noted in paragraph 8, above. The Board did not address the applicant's contention because the Board already voted to upgrade the applicant's characterization of service to HD as the applicant's PTSD outweighed the applicant's Board accepted basis of separation - drug abuse. c. The Board determined the discharge is inequitable based on the circumstances surrounding the discharge (PTSD diagnoses). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable, change the separation authority to AR 635-200, paragraph 14-12a, and change the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD outweighed the Board accepted basis of separation - drug abuse. 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 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: Honorable c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: No Change 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 AR20210002710 1