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: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, the discharge was inequitable based on one single incident in 30 months of service with no other adverse actions. The applicant was told to take ASAP classes and finished them with no issues; however, the applicant was still separated with no further testing. When the applicant came into the Army, the applicant had many family and relationship problems, just as any other Soldier. The applicant always went to the higher up to find someone to help the applicant get through it all without drinking heavily and smoking. The applicant was constantly hazed by the same higher-ups who were supposed to look out for the applicant. The problems kept recurring, and not one of the sergeants or commanders attempted to help the applicant get straight with the stress. The applicant chose to smoke to relax the applicant's mind and failed a UA the next day. The applicant made a mistake but has been happy and clean since meeting the new spouse a month later. The spouse has been there to help the applicant through everything, and the applicant believes the applicant deserves a second chance. The applicant is a better person because of the spouse and children and is ready to prove it. The applicant is ready to fully serve this country. The applicant also requests a change to the narrative reason, SPD code to JBB or JBK, and RE code change to "3". In a records review conducted on 29 June 23, and by a 4-1 vote, the Board determined the discharge is inequitable. The Board made this finding based the applicant's Major Depressive Disorder mitigating the applicant's illegal drug abuse and on the strength of the applicant's service record and post-service accomplishments. 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: 21 March 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 February 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On 6 October 2016, the applicant tested positive for Marijuana during a unit wide urinalysis; Between 25 March 2015 and 9 December 2016, the applicant failed to report to the appointed place of duty on ten separate occasions. On 26 September 2016, the applicant failed to obey a lawful order from a Noncommissioned Officer; and, On 30 January 2015, the applicant violated the lawful regulation governing the barracks by having an unauthorized visitor in the barracks room at an unauthorized time. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 February 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 March 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 April 2014 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Specialist / 2 years, 10 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Orders 067-0137, dated 8 March 2017, reflect the applicant was to be reassigned to the U.S. Army Transition Point and discharged on 21 March 2017 from the Regular Army. The applicant's Enlisted Record Brief (ERB), dated 24 March 2017, reflects the applicant was flagged for Involuntary Separation or Discharge (Field Initiated) (BA), Drug Abuse (Adverse Action) (UA), and Adverse Action (AA). The ERB also reflects the applicant was demoted from E-3 to E-1 effective 8 December 2016. The applicant provided a copy of VA Summary of Benefits Letter, which reflects the applicant was granted 10 percent service-connected disability, however, the letter did not reflect the condition for which the service-connection was granted. i. Lost Time / Mode of Return: None j. Applicant Provided and/or AMHRR Listed PTSD / TBI / Other Behavioral Health Condition(s): The applicant provided a copy of Report of Mental Status Evaluation, dated 8 February 2017, which 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 met the criteria for cannabis abuse. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD 149; DA Form 4856; DA Form 3822; VA Benefits Letter; DA Form 87; DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant statement reflects that the applicant has been happy and clean and is now married and has children. 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-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. Eligibility: Ineligible unless a waiver is granted. 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 a change to the narrative reason, SPD code to JBB or JBK, and RE code change to "3". The applicant's record of service, along with the issues and documents submitted with the application, were carefully reviewed. The applicant's 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 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 the SPD code should be changed. SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DoD and the Military Services to assist in the collection and analysis of separation data. SPD Codes are controlled by OSD and then implemented in Army policy AR 635-5-1 to track types of separations. The SPD code specified by Army Regulations for a discharge under Chapter 14, paragraph 14-12c(2), is "JKK." 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 601-210, the applicant was appropriately assigned an RE code of "4." An RE code of "4" cannot be waived, and the applicant is no longer eligible for reenlistment. The applicant contends the event which led to the discharge from the Army was an isolated incident. Army Regulation 635-200, paragraph 3-5 states that circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends seeking help from the chain of command with the stress and issues. The applicant provided a copy of VA Benefits letter which granted 10 percent for service- connected disabilities by the VA. The benefit letter did not reflect the condition for which the service-connection was granted. The applicant submitted a copy of a mental status evaluation (MSE), dated 8 February 2017, which indicates the applicant was mentally responsible and recognized right from wrong. The MSE shows the applicant met the criteria for cannabis abuse. The MSE was considered by the separation authority. The applicant contends being hazed by the chain of command. There is no evidence in the AMHRR that the applicant sought assistance or reported the hazing. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant's statement reflects that the applicant has been happy and clean and is now married and has children. 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 the following diagnoses or experiences which can, under certain circumstances, potentially mitigate or excuse misconduct leading to separation: Unspecified Mood Disorder (i.e., Depression/Major Depressive Disorder), Adjustment Disorder. Additionally, the applicant asserts PTSD and Anxiety, which may be sufficient evidence to establish the existence of a condition that could mitigate or excuse the discharge. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant was diagnosed in service with an Adjustment Disorder and Unspecified Mood Disorder (i.e., Depression/Major Depressive Disorder). Applicant also self-asserts having PTSD and Anxiety during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board's Medical Advisor applied liberal consideration and opined that there is evidence of BH conditions that partially mitigate the basis of separation. Applicant was diagnosed in service with an Adjustment Disorder and Unspecified Mood Disorder (i.e., Depression/Major Depressive Disorder). Applicant also self-asserts PTSD and Anxiety, but did provide any medical documentation listing either of these diagnoses, so applicant's asserted PTSD and asserted Anxiety are not considered mitigating. Given the nexus between a Mood Disorder/Depression/Major Depressive Disorder and self-medicating with substances, there may have been some association between applicant's Mood Disorder/Depression/Major Depressive Disorder and his positive UA for marijuana, so it is mitigated. The remaining misconduct is not mitigated by any of applicant's BH conditions. While a severe Mood Disorder/Depression/Major Depressive Disorder can have a nexus with avoidance and mitigate FTRs, review of applicant's medical record does not suggest that his Mood Disorder/Depression/Major Depressive Disorder contributed to his FTRs. Finally, none of applicant's BH conditions have a natural sequelae to failing to obey a lawful order or disobeying a lawful regulation since neither a Mood Disorder/Depression/Major Depressive Disorder or an Adjustment Disorder interfere with the ability to distinguish between right and wrong and act in accordance with the right. (4) Does the condition or experience outweigh the discharge? No. Based on liberally considering all the evidence before the Board, the ADRB determined that the condition outweighed the misconduct of wrongfully using marijuana; however, the misconduct of failing to obey a lawful order, disobeying a lawful regulation, and multiple FTRS are not medically mitigated. b. Response to Contention(s): (1) The applicant contends the SPD code should be changed. The Board determined that this contention was valid and voted to upgrade the characterization of service due to Mood Disorder/Depression/Major Depressive Disorder mitigating the illegal drug abuse. (2) The applicant desires to rejoin the Military Service. The Board considered this contention and voted to change the RE-code to 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. (3) The applicant's discharge is based on one single incident in 30 months of service with no other adverse action. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted on the same pretexts. (4) The applicant contends seeking help from the chain of command with the stress and issues. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted on the same pretexts. (5) The applicant contends being hazed by the chain of command. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted on the same pretexts. (6) The applicant has been happy and clean and is now married and has children. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted on the same pretexts. (7) The applicant contends that the applicant joined the military to get away from home issues but upon the applicant's arrival at the applicant's first duty station both the applicant's parents began calling asking for financial and emotional support for the applicant's parent's problems. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted on the same pretexts. c. The Board determined the discharge is inequitable. The Board made this finding based the applicant's Major Depressive Disorder mitigating the applicant's illegal drug abuse and on the strength of the applicant's service record and post-service accomplishments. 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 determined the discharge is inequitable based on the applicant's length and quality of service, the applicant's Major Depressive Disorder mitigating the applicant's illegal drug abuse, and the applicant's post-service accomplishments. The Board voted to grant relief in the form of an upgrade of the characterization of service 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 a 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 AR20210002725 1