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, the applicant was assigned to the 3rd Infantry Division, Fort Stewart. After the applicant was discharged, the applicant received medical care from the Veterans Affairs Hospital and was informed the applicant suffered from many conditions, to include PTSD. After returning from Iraq, the applicant was faced with new problems and did not know how to cope with them. The applicant was coping with a divorce from a spouse who left the applicant with nothing while deployed. The unit's morale was in shambles due to a military coup of young Soldiers who wanted to overthrow the government (Fort Stewart F.E.A.R). The applicant was unaware the applicant was starting on a roller coaster of emotions which would lead to the diagnosis of PTSD. The applicant returned from Iraq to learn the applicant's spouse purchased multiple vehicles for the spouse's boyfriends while the applicant was deployed. The spouse's new boyfriend was in the applicant's battalion 1-3 BSTB and broke into the applicant's house and personal vehicle to steal multiple items, including most of the applicant's firearm collection. The applicant was threatened, assaulted, and burglarized. The applicant started to carry a Glock pistol in the glove compartment of the vehicle for protection. While leaving the company parking lot, the Sergeant Major requested the applicant pull over and asked why the applicant was leaving, during PT hours, and then asked the applicant for the CAC card. The applicant reached in the glove box to retrieve the wallet when the applicant realized the weapon was in the vehicle. The SGM asked to see the weapon, and the applicant handed it over to the SGM, after clearing the firearm. After further investigation, the applicant found the applicant had not registered the weapon on post and requested the applicant register the weapon, immediately. The applicant proceeded to the post military police office and registered the firearm. The SGM personally returned the weapon by noon on the same day. This is the reason the applicant was separated from the military. The applicant understands the security risk involved in having a non-registered firearm on a military installation, but the applicant does not believe the situation of a scared Soldier as a reason to carry the badge of shame, which means anything other than an honorable discharge. The applicant's DD Form 214 reflects the applicant "carried a weapon to PT formation" when this is anything but the case. The applicant's battle buddies literally broke into the applicant's house to steal the applicant's weapons and use them in a double homicide of another Soldier. The applicant was fearful and already feeling like the applicant was still in a war zone, the applicant did what many veterans do, moved to protect. The applicant believed there was no one the applicant could trust. In a records review conducted on 29 June 2022, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (TBI 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. The Board determined the reentry eligibility (RE) code was proper and equitable and voted not to change it. 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 June 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 May 2012 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant brought a loaded handgun to Physical Training formation, failed to report to duty on numerous occasions, and communicated a threat to another Soldier. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 May 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 May 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 March 2010 / 6 years b. Age at Enlistment / Education / GT Score: 21 / GED / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 4 years, 5 months, 3 days d. Prior Service / Characterizations: RA, 4 January 2008 - 10 March 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq (19 December 2009 - 15 January 2010) / The AMHRR reflects the applicant was deployed to Iraq from 15 December 2009 through 1 December 2010. f. Awards and Decorations: ICM-2CS, ARCOM, MUC, AGCM, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum, subject: Commander's Report - Proposed Separation Under AR 635-200, Chapter 14-12c, Commission of a Serious Offense [Applicant], dated 7 May 2012, reflects the applicant received a Company Grade Article 15, UCMJ. The punishment consisted of reduction to E-3; forfeiture of $455 pay (suspended); and extra duty for 14 days. The mental status evaluation and medical examination were enclosed in the separation packet at the time of processing the applicant for discharge. i. Lost Time / Mode of Return: None j. Applicant Provided or AHMRR Listed PTSD / TBI / Other Behavioral Health Condition(s): The applicant provided the VA eBenefits webpage, dated 12 April 2018, which reflects the applicant was rated 10 percent service-connected disability for Traumatic Brian Injury (claimed as concussion and anxiety disorder) and 70 percent service-connected disability for Post-Traumatic Stress Disorder (to include the claim for depression and insomnia). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; VA eBenefits webpage; Wikipedia Article, "FEAR (terrorist group). 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), dated 25 September 2019, 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, states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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 a 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. 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 the VA diagnosed the applicant with PTSD and the disorder affected behavior, which led to the discharge. The applicant provided medical documents indicating a diagnosis of the applicant was rated 10 percent service-connected disability for Traumatic Brian Injury (claimed as concussion and anxiety disorder) and 70 percent service-connected disability for Post-Traumatic Stress Disorder (to include the claim for depression and insomnia). The AMHRR is void of a mental status evaluation. The applicant's official medical records reflected that the applicant's MSE indicated that the applicant screened negative for PTSD and positive for TBI. The applicant contends carrying the firearm because the applicant feared for the applicant's life, which was the reason the applicant was discharged. The AMHRR reflects the basis for separation was taking a loaded handgun to formation, failing to report to duty on numerous occasions, and communicating a threat to another Soldier. There is no evidence in the AMHRR the applicant sought assistance or reported the matter. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. 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: Major Depressive Disorder (MDD), Adjustment Disorder (DO), Episodic Mood DOs, Head Injury with subarachnoid hemorrhage (TBI), and PTSD. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found MDD, Adjustment DO, Episodic Mood DOs, TBI, and PTSD diagnoses existed during the applicant's military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor opined the applicant has two BH conditions ,TBI and PTSD, which mitigate bringing a loaded weapon to PT formation, communicating a threat, and failing to report on multiple occasions. Regarding the diagnosis of TBI, records review indicates that the applicant had a preservice history of aggressive behavior, poor decision making and impulsivity prior to entering the Army. These issues continued once in the Army but, in the writer's opinion, were significantly exacerbated by applicant's history of multiple in-service head injuries, one of which resulted in a brain contusion and subarachnoid hemorrhage involving applicant's left temporal lobe. The left temporal lobe is a significant part of the limbic system, a system involved with motivation, emotion, learning, memory, and aggressive impulses. In the writer's opinion, it is more likely than not that the applicant's history of head injury aggravated his underlying impulsive and aggressive tendencies, leading to applicant's poor decision-making and rash behaviors. The applicant has also been diagnosed with service-connected PTSD related to combat. In the writer's estimate, the combination of these two conditions, TBI and PTSD, profoundly affected the applicant's judgment (frontal and temporal lobe) as well as applicant's ability to control impulses (temporal lobe), rendering the applicant incapable of controlling their behavior, leading to the offenses of bringing a loaded weapon to PT formation, communicating a threat, and failing to report on multiple occasions. Impulses and behaviors. Accordingly, it is the opinion of the Agency BH Advisor that the applicant's diagnoses of TBI and PTSD mitigate applicant's misconduct. (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 TBI and PTSD outweighed bringing a loaded weapon to PT formation, communicating a threat, and failing to report on multiple occasions basis for separation for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends the VA diagnosed the applicant with PTSD and the disorder 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 and TBI mitigating the applicant's offenses of bringing a loaded weapon to PT formation, communicating a threat, and failing to report on multiple occasions. (2) The applicant contends carrying the firearm because the applicant feared for the applicant's life, which was the reason the applicant was discharged. The Board considered this contention and determined the applicant's diagnoses of PTSD and TBI mitigate the applicant's basis for separation - bringing a loaded weapon to PT formation, communicating a threat, and failing to report on multiple occasions. a. The Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (TBI 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. The Board determined the reentry eligibility (RE) code was proper and equitable and voted not to change it. b. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD and TBI mitigated the applicant's misconduct of bringing a loaded weapon to PT formation, communicating a threat, and failing to report on multiple occasions. 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 AR20210002813 1