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 honorable. The applicant requests a change in the separation code, and a narrative reason change. The applicant seeks relief contending, in effect, applicant was suffering from undiagnosed PTSD and TBI, following an IED explosion from 2008. The applicant states applicant self-medicated with alcohol and liquid opiates, leading to an overdose, and applicant's subsequent discharge. The applicant further states the current separation code and narrative reason is unnecessary, unsubstantiated, and prejudicial to the applicant's attempts to obtain employment. In a records review conducted on 22 March 2022, and by a 3-2 vote, the Board, based on the applicant's quality of service, to include combat service, and the applicant's PTSD, determined the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing the narrative reason for separation to Miscellaneous/General reasons, and the separation code to FND. The Board determined the characterization of service 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2b and 4-24a(1) / BNC / NA / Honorable b. Date of Discharge: 16 July 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 October 2014 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provisions of AR 600-8-24, paragraph 4-2(b) because of misconduct, moral or professional dereliction: Substantiated derogatory activity resulting in a General Officer Article 15, dated 2 September 2014, which was filed in the AMHRR Conduct unbecoming an officer as indicated by the above-referenced item (3) Legal Consultation Date: 3 November 2014 (4) GOSCA Recommendation Date / Characterization: 30 December 2014 / Recommended approval of the applicant's resignation with an Honorable discharge (5) DA Ad Hoc Review Board: On 19 May 2015, the AD Hoc review board considered the applicant's request for resignation in lieu of elimination in accordance with AR 600-8-24, Chapter 4. (6) Separation Decision Date / Characterization: 30 June 2015 / Honorable 4. SERVICE DETAILS: a. Date / Period of Appointment: 24 August 2006 / Indefinite b. Age at Appointment: / Education: 29 / Juris Doctorate Degree c. Highest Grade Achieved / MOS / Total Service: O-3 / 19A 5P Armor, General / 9 years, 4 months, 8 days d. Prior Service / Characterizations: RA, 9 March 2006 - 23 August 2006 / HD (Enlisted Service) e. Overseas Service / Combat Service: SWA / Iraq (20 September 2008 - 13 September 2009); Afghanistan (29 November 2011 - 9 December 2012) f. Awards and Decorations: BSM-2; MSM; ARCOM; NDSM; ACM-CS; ICM-2CS; GWOTS; ASR; OSR-3; NATOMDL; CAB; PRCHTBAD g. Performance Ratings: 7 March 2013 - 31 January 2014 / Best Qualified 31 January - 20 May 2014 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Findings of 15-6 Investigation are as follows: On or about 1 April 2014 and between on or about 30 April 2014, with intent to deceive, sign an official record to wit: completing a PDHRA stating the applicant had not received any medical care for mental health issues within the past year even though the applicant received five prescriptions for Xanax, which record was totally false and was then known by the applicant to be false. This is in violation of Article 107, UCMJ. On or about 24 April 2014, the applicant did wrongfully use Oxycodone, a schedule II controlled substance. This is in violation of Article 112a, UCMJ. On or about 24 April 2014, the applicant had a duty of care for applicant's daughter, a child under the age of 16 years, and did wrongfully endanger the safety and welfare of the applicant's daughter by ingesting a large quantity of alcohol and combining it with Oxycodone, causing the applicant to become unresponsive as a result of drug overdose, and forcing applicant's daughter to call for help, such conduct being of a nature to bring discredit upon the armed forces. This is in violation of Article 134, UCMJ. GO Article 15, dated 2 September 2014, for signing a false official statement between 1 April 2014 and 30 April 2014; wrongfully using Oxycodone, a schedule II controlled substance, on 24 April 2014; and wrongfully endangering the safety and welfare of applicant's daughter on 24 April 2014. The punishment consisted of forfeiture of $2,843 (suspended). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Applicant provided VA benefit sheet, dated 18 May 2021, reflects evaluation of PTSD with alcohol use disorder and anxiolytic disorder which was previously 50 percent disabling, was increased to 70 percent. Evaluation of TBI which was zero percent was continued. Letter from Hartford Vet Center stating the applicant was diagnosed with PTSD, anxiety disorder, and TBI. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; Congressional correspondence; Memorandum subject clarifying guidance to military discharge review boards, dated 25 August 2017; MSM certificate; two OERs; DD Form 214; self-authored statement; Connecticut Superior Court documents; Certificate of Completion of veteran's program; application for emergency ex- parte order of custody; VA benefit sheet; letter from Hartford Vet Center. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states applicant obtained short term employment at a bank, voluntarily entered a VA sponsored detox program, and completed an outpatient treatment program, and applicant attempted to become a paramedic while attempting to earn an associate degree in Health Sciences. 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 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. (1) Paragraph 1-23, provides the authorized types of characterization of service or description of separation. (2) Paragraph 1-23a, states an officer will normally receive an honorable characterization of service when the quality of the officer's service has met the standards of acceptable conduct and performance of duty, or the final revocation of a security clearance under DODI 5200.02 and AR 380-67 for reasons that do not involve acts of misconduct for an officer. (3) Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty. (4) Paragraph 4-2b, prescribes for the elimination of an officer for misconduct, moral or professional dereliction, or in the interests of national security. (5) Paragraph 4-24a, states an officer identified for elimination may, at any time during or prior to the final action in the elimination case elect one of the following options: (1) Submit a resignation in lieu of elimination; (2) request a discharge in lieu of elimination; and, Apply for retirement in lieu of elimination if otherwise eligible. 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 "JNC" as the appropriate code to assign commissioned officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests a change in the separation code, and a narrative reason change. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends he was suffering from PTSD and TBI, which affected his behavior and forced him to self-medicate, ultimately leading to the discharge. The applicant provided a document from the VA, dated 18 May 2021, reflecting PTSD diagnosis along with alcohol use disorder and anxiolytic use disorder as 70 percent disabling. The same document further reflects TBI at zero percent disabling. 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 AMHRR is void of Mental Status Evaluation. The applicant contends the narrative reason for the discharge needs to be changed. The applicant was separated under the provisions of Chapter 4, paragraph 4-2b and 4-24a(1), AR 600-8-24 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "BNC." Army Regulation 635-8, Separation Processing and Documents, governs preparation of the DD Form 214 and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the SPD code should be changed. SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DoD and the Military Services to assist in the collection and analysis of separation data. SPD Codes are controlled by OSD and then implemented in Army policy AR 635-5-1 to track types of separations. The SPD code specified by Army Regulations for a discharge under Chapter 4, paragraph 4-2b and 4-24a(1), is "BNC." The applicant contends good service, including two combat tours. The Board considered the service accomplishments and the quality of service. 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. The applicant contends he has obtained short term employment, entered a VA sponsored detox program, completed an outpatient treatment program, and he attempted to become a paramedic while attempting to earn an associate degree. The Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in- service misconduct was an aberration and not indicative of the member's overall character. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? N/A. Applicant already holds an Honorable discharge, so there is no medical mitigation required for a characterization upgrade. (2) Did the condition exist or experience occur during military service? N/A. (3) Does the condition or experience actually excuse or mitigate the discharge? N/A. (4) Does the condition or experience outweigh the discharge? N/A. b. Response to Contention(s): (1) The applicant contends suffering from PTSD and TBI, which affected applicant's behavior and forced applicant to self-medicate, ultimately leading to the discharge. The Board liberally considered this contention and determined that this contention was valid and voted to upgrade the narrative reason and corresponding SPD code due applicant's quality of service, to include combat service, and the applicant's PTSD. (2) The applicant contends the narrative reason for the discharge needs changed. The Board determined that this contention was valid and voted to upgrade the narrative reason and corresponding SPD code due applicant's quality of service, to include combat service, and the applicant's PTSD. (3) The applicant contends the SPD code should be changed. The Board voted to change the SPD code to correspond with the change to the narrative reason. (4) The applicant contends good service, including two combat tours. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during Board proceedings. Ultimately the Board voted to change the narrative reason and corresponding SPD code. (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. (6) The applicant contends obtaining short term employment, entering a VA sponsored detox program, completing an outpatient treatment program, and applicant attempted to become a paramedic while attempting to earn an associate degree. The ADRB is authorized to consider post-service factors in the re-characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge must be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case- by-case basis to determine if post-service accomplishments help demonstrate previous in- service misconduct was an aberration and not indicative of the member's overall character. In this case, the Board determined that the narrative reason is inequitable due applicant's quality of service, to include combat service, and the applicant's PTSD. c. The Board determined, based on the applicant's quality of service, to include combat service, and the applicant's PTSD that the narrative reason and corresponding SPD code for the applicant's separation are now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing the narrative reason for separation to Miscellaneous/General reasons, and the separation code to FND. d. Rationale for Decision: (1) The Board voted not to change the characterization of service due to it already being Honorable. (2) The Board voted to change the narrative reason for discharge to Miscellaneous/General reasons under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is FND. (3) The RE code will not change, as there is no RE-code listed on the applicant's discharge paperwork, due to being an Army Officer, no upgrade actions are required for this item. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason / SPD Code to: Miscellaneous/General reasons /FND d. Change RE Code to: No Change a. 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 AR20210003085 1