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. The applicant seeks relief contending, in effect, during the applicant's enlistment, the applicant endured a near death experience, divorced and lost the first-born child, and was brutally ridiculed and bullied by the chain of command. The applicant experimented with cannabis to help ease the problems of mental stressors. The applicant was hospitalized on the 11th floor of William Beaumont for depression and schizophrenia (mild), anger issues, suicidal thoughts with no clear resolution to the problem other than the applicant needs a mental evaluation or psychiatric help. The applicant was twice following the above hospitalization. The applicant was discharged 10 days prior to two years of service in the Army. The applicant believes the commander, at the time, was purposefully trying to discharge the applicant before the two years because the applicant and the commander did not get along with each other. The commander told the applicant several times the applicant would not make it without the Army and the applicant is borderline homeless and having a difficult time. The applicant realizes and regrets the mistake the applicant made. The applicant believes an upgrade would allow the applicant to receive the proper treatment from the Department of Veterans Affairs (VA); better employment opportunities; and a better education. The applicant does not want employers to view the applicant as a drug abuser. The applicant desires to provide better support for the family. The applicant further details the contentions in an allied self-authored statement provided with the application. In a records review conducted on 12 July 2022, and by a 5 - 0 vote, the Board determined that the characterization of service was inequitable based on the applicant's circumstances surrounding the discharge (OBHI and PTSD diagnoses). Accordingly, 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. 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: 11 April 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant between 28 September and 28 October 2015, wrongfully use marijuana, a schedule I controlled substance. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 1 April 2016, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 April 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 April 2014 / 4 years b. Age at Enlistment / Education / GT Score: 21 / GED / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25U10, Signal Support Systems Specialist / 1 year, 11 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Commander's Report, dated 1 April 2016, reflects the applicant received a Field Grade Article 15, dated 17 December 2015 (reason was not disclosed). The punishment consisted of reduction to E-1, forfeiture of $778 pay per month for two months (suspended); and extra duty for 45 days. Three Developmental Counseling Forms, for positive urinalysis, lying to a noncommissioned officer, and pending separation from the service. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Physical Profile, dated 14 January 2016, reflects the applicant had the medical condition: Adjustment Disorder. Report of Medical History, dated 28 January 2016, the examining medical physician noted in the comments section: Anxiety and Depression. Patient was diagnosed and treated through Behavioral Health for Anxiety and Depression for six months. Report of Medical Examination, dated 28 January 2016, the examining medical physician noted in the summary of defects and diagnoses section: Anxiety/depression. Report of Mental Status Evaluation, dated 23 February 2016, reflects the applicant was admitted to 11W between 5 to 12 January 2016. The applicant did not want to enroll in Behavioral Health Services. Per WBAMC policies, the Servicemember needed to have four weeks of weekly checks after an inpatient discharge. The applicant met retention requirements of Chapter 3, AR 40-501 and did not warrant disposition through medical channels or medical administrative actions. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Problems with Spouse. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; DD Form 149, 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) 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. (7) Chapter 15 provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memoranda. Secretarial separation authority is normally exercised on a case-by-case basis. 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 a 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 contends depression and mild schizophrenia affected behavior and ultimately led to the discharge. The AMHRR reflects the applicant underwent a medical examination on 28 January 2016, which reflects the applicant was treated for anxiety and depression. The applicant had a temporary physical profile for an adjustment disorder. The record shows the applicant underwent a mental status evaluation (MSE) on 23 February 2016, which reflects the applicant was admitted to 11W between 5 to 12 January 2016. The applicant did not want to enroll in Behavioral Health Services. The applicant met retention requirements of Chapter 3, AR 40-501 and did not warrant disposition through medical channels or medical administrative actions. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Problems with Spouse. The medical examination, physical profile, and MSE were considered by the separation authority. The applicant contends family issues and being a victim of domestic violence, with no assistance from the command. There is no evidence in the AMHRR the applicant ever sought assistance before committing the misconduct, which led to the separation action under review. The applicant contends harassment and discrimination by members of the chain of command. There is no evidence in the AMHRR the applicant sought assistance or reported the harassment. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends good service. The Board considered the service accomplishments and the quality of service. 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 an upgrade of the discharge would allow veterans benefits. Eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. 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: AHLTA contains in-service BH diagnoses and conditions of Adjustment Disorder, Adult Physical abuse confirmed, Cannabis Dependence, problems related to primary support group, problems related to psychosocial circumstances, and problems related to relationship with spouse. JLV contains additional post-service BH diagnoses of Bipolar Disorder, PTSD, Depressive disorders, Alcohol Abuse, problems related to legal circumstances. The applicant is 100% service connected for PTSD. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found AHLTA contains in-service BH diagnoses and conditions of Adjustment Disorder, Adult Physical abuse confirmed, Cannabis Dependence, problems related to primary support group, problems related to psychosocial circumstances, and problems related to relationship with spouse. JLV contains additional post-service BH diagnoses of Bipolar Disorder, PTSD, and Depressive disorders. The applicant is 100% service connected for PTSD. (3) Does the condition or experience excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant's Bipolar Disorder and PTSD mitigate the offenses of drug abuse as self-medication is part of the sequala of PTSD. The applicant is 100% service connected for PTSD. (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 Adjustment Disorder, Adult Physical abuse, Cannabis Dependence, Bipolar Disorder, PTSD, Depressive disorders, and Alcohol Abuse outweighed the Drug Abuse basis for separation. b. Response to Contention(s): (1) The applicant contends depression, mild schizophrenia, family issues and being a victim of domestic violence affected behavior and ultimately led to the discharge. The Board determined this contention was valid after review of the applicant's DOD and VA health records. It revealed the applicant was diagnosed Adjustment Disorder, Adult Physical abuse, Cannabis Dependence, Bipolar Disorder, PTSD, Depressive disorders, and Alcohol Abuse. (2) The applicant contends harassment and discrimination by members of the chain of command. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's Adjustment Disorder, Adult Physical abuse, Cannabis Dependence, Bipolar Disorder, PTSD, Depressive disorders, and Alcohol Abuse diagnoses outweighing the applicant's drug abuse basis for separation. (3) The applicant contends good service. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings. (4) The applicant contends an upgrade would allow educational benefits through the GI Bill and other Veterans benefits. 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 an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. c. The Board determined the characterization of service was inequitable based on the applicant's circumstances surrounding the discharge (OBHI and PTSD diagnoses). Accordingly, 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. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant had multiple BH conditions which mitigated the applicant's misconduct of marijuana 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 change to RE3, to make it 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: 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 AR20210002765 1