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, suffering from an undiagnosed, misdiagnosed, or untreated mental health condition, including post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI) while in the service. The applicant was discharged for reasons related to this condition. The applicant is requesting an upgrade to honorable due to disabilities effecting the applicant's judgement during the time. The applicant was discharged due to an online order of Benzylpiperazine. The drug was classified as a Schedule I controlled substance in the United States in 2002. At the time the applicant ordered this online and did not know what this substance was, the applicant was introduced by a fellow Soldier. During this time period the applicant was barely 21 years old and suffering from what the applicant did not know as traumatic brain injury and post-traumatic stress disorder. During the applicant's deployment to Baghdad, Iraq, in 2008, the Humvee was struck by an IED causing the applicant's TBI and adding to the applicant's PTSD issues. The applicant believes had the applicant not suffered from these injuries the applicant would have never made this purchase. The applicant is currently 100 percent service-connected for PTSD and TBI, and has been unemployable ever since the discharge and the applicant still struggles to this day. The applicant is on Social Security disability for the same health issues. When confronted by the chain of command, the applicant requested to go the Army Substance Abuse Program but instead the applicant was discharged. This could have been handled as a Field Grade Article 15, and treatment. In a records review conducted on 2 June 2022, and by a 5 - 0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, circumstances surrounding the discharge (OBHI and PTSD diagnoses) and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. 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, Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 10 March 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 February 2009 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 19 May 2008, the applicant wrongfully imported 25 tablets of Benzylpiperazine, a Schedule I controlled substance into the customs territory of the United States. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 February 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 February 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 May 2007 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Wheeled Vehicle Mechanic / 3 years, 9 months, 24 days d. Prior Service / Characterizations: RA, 17 May 2005 - 18 May 2007 / HD e. Overseas Service / Combat Service: Germany, Hawaii, SWA / Iraq (1 September 2006 - 20 November 2007) f. Awards and Decorations: ARCOM, AAM, NDSM, GWOTSM, ICM-CS, ASR, OSR-2, CAB, OSB-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Laboratory Report, dated 25 April 2008, reflects pills tested positive for BZP the package was from Great Britain. Agent's Investigation Report, dated 16 June 2008, reflects on 19 May 2008, ICE received a package containing four cards with manufactures logo "Devils" each containing a zip lock bag which contained six red tablets. The package was mailed from Great Britain and address to the applicant. The package was intercepted at the Honolulu Airport by Special Agents of Ice and USACIDC prior to delivery to the applicant. CID Report, dated 18 June 2008, reflects probable cause was established to believe the applicant committed the offenses of Wrongful Use of the U.S Postal System and Wrongful Possession of Hallucinogens (Benzylpiperazine) on 9 June 2008, the applicant signed for a package which contained 24 tablets of Benzylpiperazine, Wheeler Army Airfield, Hawaii. FG Article 15, dated 2 October 2008, for wrongfully importing 25 tablets of Benzylpiperazine, a Schedule I controlled substance into the customs territory of the United States on or about 19 May 2008; and, on or about 9 June 2008, wrongfully possess 25 tablets of Benzylpiperazine, a Schedule I controlled substance. The punishment consisted of a reduction to E-1 (suspended); forfeiture of $673 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 9 December 2008, 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. It was noted, the Soldier has been screened for Post-Traumatic Stress Disorder and Traumatic Brain Injury. Any positive symptoms have been clinically evaluated, treated when requested or if symptoms are medically significant, do not warrant disposition through medical channels, and do not directly contribute to the factors leading to the separation. Record Of Supplementary Action Under Article 15, UCMJ, dated 21 January 2009, reflects the suspended portion of the punishment imposed on 2 October 2008, was vacated for: Article 86, failure to go at the time prescribed to the appointed place of duty, to wit: 1800 extra duty formation located at Building 843. FG Article 15, dated 27 January 2009, for failing to go at the time prescribed to the appointed place of duty on or about 27 October 2008; and, being disrespectful in language towards SSG D. by saying to SSG D. "Fuck this shit" and "Fuck you," or words to the effect on or about 14 November 2008. The punishment consisted of forfeiture of $673 pay per month for two months (suspended); and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 12 November 2008, the examining medical physician noted PTSD, applicant currently on Zoloft and Trazadone, seeing therapist in mental health. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 prescribes 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. (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 "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 waiverable and nonwaiverable 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 waiverable. 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 suffering from undiagnosed, misdiagnosed, or untreated mental health conditions including post-traumatic stress disorder and traumatic brain injury due to the Humvee being struck by an IED while the applicant was deployed to Iraq. The applicant's AMHRR contains Report of Medical History, dated 12 November 2008, the examining medical physician noted PTSD, applicant currently on Zoloft and Trazadone, seeing therapist in mental health. The record shows the applicant underwent a mental status evaluation (MSE) on 9 December 2008, which indicates the applicant was mentally responsible and was able to recognize right from wrong. It was noted, the Soldier has been screened for Post-Traumatic Stress Disorder and Traumatic Brain Injury. Any positive symptoms have been clinically evaluated, treated when requested or if symptoms are medically significant, do not warrant disposition through medical channels, and do not directly contribute to the factors leading to the separation. The MSE was considered by the separation authority. The applicant contends good service, including a combat tour. The Board considered the service accomplishments and the quality of service. The applicant contends youth and immaturity affected the applicant's behavior at the time of the discharge. The AMHRR shows the applicant met entrance qualification standards to include age. The applicant contends being100 percent service-connected for PTSD and TBI. The applicant did not submit any evidence to support the contention the discharge resulted from any medical condition. Nor did the applicant submit any evidence to show being 100 percent service- connected through the VA. The record shows the applicant underwent a mental status evaluation (MSE) on 9 December 2008, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The MSE was considered by the separation authority. The applicant contends when confronted by the chain of command, the applicant requested to go to ASAP but instead the applicant was discharged. Army Regulation 635-200, paragraph 1- 17d(2), entitled counseling and rehabilitative requirements, states the separation authority may waive the rehabilitative requirements in circumstances where common sense and sound judgment indicate such a transfer will serve no useful purpose or produce a quality Soldier. Army Regulation 600-85, paragraph 7-3 entitled voluntary (self) identification and referral, states voluntary (self) ID is the most desirable method of identifying substance use disorder. The individual whose performance, social conduct, interpersonal relations, or health becomes impaired because of these problems has the personal obligation to seek help. Soldiers seeking self-referral for problematic substance use may access services through BH services for a SUD evaluation. The Limited Use Policy exists to encourage Soldiers to proactively seek help. 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. Applicant was diagnosed in service with Adjustment Disorder, Anxiety, Depression, and Panic Disorder. She is also diagnosed and service connected by the VA for combat-related PTSD and TBI. (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 Adjustment Disorder, Anxiety, Depression, and Panic Disorder. She is also diagnosed and service connected by the VA for combat-related PTSD and TBI. Service connection establishes that applicant's PTSD and TBI also existed during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor determined that the medical condition does not mitigate the basis of separation. The Board's Medical Advisor opined that there is no association between any of applicant's BH conditions and wrongfully importing a controlled substance into the U.S. due to none of her BH conditions interfering 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. The Board considered 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 condition or experience was not medically mitigated. However, the Board considered several factors surrounding the case, to include overall service, the significant BH conditions, life's current situation and an isolated incident. Therefore, the condition or experience outweighed the basis of separation. b. Response to Contention(s): (1) The applicant contends suffering from undiagnosed, misdiagnosed, or untreated mental health conditions including post-traumatic stress disorder and traumatic brain injury due to the Humvee being struck by an IED while the applicant was deployed to Iraq. The Board determined that this contention was valid after review of reviewed the applicant's DOD and VA health records. The Board determined the applicant was diagnosed in service with Adjustment Disorder, Anxiety, Depression, and Panic Disorder. She is also diagnosed and service connected by the VA for combat-related PTSD and TBI. (2) The applicant contends good service, including a combat tour. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings. (3) The applicant contends youth and immaturity affected the applicant's behavior at the time of the discharge. Due to the seriousness of the misconduct including conscious, deliberate decisions the applicant made when presented with challenges, youthful indiscretion does not excuse the misconduct. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The Board voted after considering the contention and finding no evidence of the Command acting in an arbitrary or capricious manner. In this case, the Board considered all facts pertaining to the case and applied compassion, thus granting relief in the form of an upgrade. c. The Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, circumstances surrounding the discharge (OBHI and PTSD diagnoses) and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable. The Board concurred with the opinion of the Board's Medical Advisor that the applicant's condition or experience was not mitigating. However, the Board considered several factors surrounding the case, to include overall service, the significant BH conditions, life's current situation and an isolated incident. Therefore, the condition or experience outweighed the basis of separation. 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 AR20210002892 1