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 PTSD since returning from Iraq. The applicant has been taking medication for many years. An upgrade would allow the applicant to receive VA benefits. In a records review conducted on 10 May 2022, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 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 / AR 635-200, Chapter 14- 12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 11 June 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 April 2004 (2) Basis for Separation: The applicant was informed of the following reasons: the applicant committed a violation of Articles 86 Failure to Report, 91 disrespect toward a NCO, 107 (2) making a false official statement, 108 damage to government property, 112a (4) wrongful use of a controlled substance by wrongfully using marijuana (3) and cocaine, and 121 larceny of AAFES property. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 7 April 2004 and 24 May 2004 (5) Administrative Separation Board: On 7 April 2004, the applicant was notified to appear before an administrative separation board and advised of rights. On 7 April 2004, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than general (under honorable conditions). On 29 April 2004, the applicant’s conditional waiver was denied. On 24 May 2004, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than under other than honorable conditions discharge. (6) Separation Decision Date / Characterization: 1 June 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 October 2002 / 3 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Light Wheeled Vehicle Mechanic / 2 years, 10 months, 23 days d. Prior Service / Characterizations: USAR, 19 July 2001 – 2 January 2002 / NA IADT, 3 January 2002 – 25 May 2002 / UNC USAR, 26 May 2002 – 7 October 2002 / NA e. Overseas Service / Combat Service: SWA / Iraq (1 September 2002 – 26 August 2003) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 18 February 2003, for on or about 11 January 2003, fail to go at the time prescribed to the appointed place of duty. The punishment consisted of a reduction to E-1; forfeiture of $268.00 and, extra duty and restriction for 14 days. FG Article 15, dated 12 March 2003, for wrongfully using marijuana, on or between 6 January 2003 and about 7 February 2003. The punishment consisted of forfeiture of $575 pay per month for two months and, extra duty for 45 days. FG Article 15, dated 24 March 2004, for being disrespectful in language towards an NCO by saying “fuck you all I don’t care”, or words to effect (29 December 2003); with intent to deceive alter military identification card (12 December 2003); with intent to deceive, make to SGT S., an official statement which the applicant knew to be false (6 January 2004); wrongfully use cocaine between (16 and 19 November 2003); wrongfully use marijuana between (20 October and 19 November 2003); wrongfully use marijuana between (8 December 2003 and 9 January 2004). The punishment consisted of a reduction to E-1; forfeiture of $597 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Electronic Copy of DD Form 2624, dated 1 December 2003, reflects the applicant tested positive for THC 804 (cocaine), during a Probable Cause (PO) urinalysis testing, conducted on 19 November 2003. Military Police Report, dated 19 November 2003, reflects the applicant was apprehended for: Deposit Account Fraud (Felony) (GA Code 16-9-20) (Civil) (Off Post). Military Police Report, dated 16 December 2003, reflects the applicant was apprehended for: Improper backing (Article 134 UCMJ) (On Post). Military Police Report, dated 10 January 2004, reflects the applicant was apprehended for: larceny of AAFES property (Article 121, UCMJ) (On Post). Electronic Copy of DD Form 2624, dated 29 January 2004, reflects the applicant tested positive for THC > LOL, during an Inspection Unit (IU) urinalysis testing, conducted on 9 January 2004. Military Police Report, dated 4 February 2004, reflects the applicant was apprehended for: Wrongful possession of drug paraphernalia (Article 112a, UCMJ); (On Post). Military Police Report, dated 25 February 2004, reflects the applicant was apprehended for: Wrongful damaging of government property (Article 108, UCMJ) (On Post). Report of Mental Status Evaluation, dated 26 February 2004, relates the applicant's mental status was within normal limits. There was no evidence of significant treatable psychiatric illness or life-threatening ideation. The applicant was responsible for actions. The applicant had the mental capacity to understand and participate in the proceedings. The applicant met the medical retention standards in accordance with AR 40-501. There is no evidence of treatable psychiatric disorder which warrants disposition through medical channels or Medical Evaluation Board. The applicant was psychiatrically cleared for any administrative action deemed appropriate by the Commander. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 293. 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) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army (5) Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. (6) Paragraph 14-3 prescribes a discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record. (7) Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14- 12a or 14-12b as appropriate. e. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of “JKK” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers’ Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waivable and nonwaivable separations. Table 3-1, defines reentry eligibility (RE) codes: 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 an upgrade to honorable. The applicant’s record of service, the issues and documents submitted with the application were carefully reviewed. 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. 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 DoD and VA medical records, applicant submissions and third party statements, and found the applicant was diagnosed with PTSD, which, in the opinion of the Board’s Medical Advisor, after applying liberal consideration, could potentially mitigate some of the applicant’s basis of separation. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor applied liberal consideration and found that the applicant has PTSD in service for purposes of this Board’s proceedings. (3) Does the condition or experience actually excuse or mitigate the discharge? Partial. The Board's Medical Advisor opined based on the available information and in accordance with the Liberal Consideration guidance, that the applicant’s PTSD mitigates applicant’s Failure to Report, disrespect toward a NCO, and wrongful use of a controlled substance by wrongfully using marijuana and cocaine because avoidance and self-medication are part of applicant’s PTSD sequela of symptoms, but making false official statements, damage to government property, and larceny of AAFES property are not mitigated because these acts of misconduct have no nexus with applicant’s PTSD. (4) Does the condition or experience outweigh the discharge? No. Despite the Board’s application of liberal consideration, the Board concurred with the opinion of the Board’s Medical Advisor, a voting member, and voted that the applicant’s PTSD did not outweigh the unmitigated basis for applicant’s separation - making false official statements, damage to government property, and larceny of AAFES property. b. Response to Contention(s): The applicant contends an upgrade of the discharge would allow 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. c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. The applicant has exhausted their appeal options available with ADRB. However, the applicant may still apply to the Army Board for Correction of Military Records. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant’s contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted not to change the applicant’s characterization of service because, despite applying liberal consideration of all the evidence before the Board, the applicant’s PTSD does not outweigh the unmitigated offenses of making false official statements, damage to government property, and larceny of AAFES property, and therefore the discharge characterization was both proper and equitable. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. (2) The Board voted not to change the applicant’s reason for discharge or accompanying SPD code under the same pretexts, as the reason the applicant was discharged was both proper and equitable. (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 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change 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 AR20210003026 1