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 intends to formerly apologize and explain, but not justify, his poor behavior and character while in service. The applicant was battling depression. He was away from home so long and his grandfather, as well as his paternal grandfather, were diagnosed with cancer. His request to take leave to attend to family matters was denied and his grandfather passed away during this time. The incident that led to his discharge took place on the day he received the news. He had no one to help him process a death in the family and being alone in his desperation, he made the mistake of seeking refuge in alcohol for the first time. As a result, he became intoxicated while on duty as a Charge of Quarters Runner. He received a FG Article and was separated from the Army, losing his career and his rank. After the unfortunate events, he continued to struggle with depression and other issues, only made known to him by the VA Mental Health. He has taken steps to help with his rehabilitation and an honorable discharge would provide him with the opportunity to continue. In a records review conducted on 30 November 2021, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge (OBHI 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. 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: 14 November 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: On 6 September 2012, the immediate commander notified the applicant under AR 635-200, Chapter 14-12b, A Pattern of Misconduct. (2) Basis for Separation: The applicant was informed of the following reasons: The applicant had shown an inability to report on time to his appointed place of duty and complete the mission on several occasions; he was found drunk on duty; and, drinking underage. His conduct was of a nature to bring discredit to his unit and the U.S. Army. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 September 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 30 October 2012, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14- 12c, Misconduct (Serious Offense) with a general (under honorable conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2012 / 4 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 127 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 2 years, 10 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 1 June 2012 for, on three occasions, failing to go at the time prescribed to his appointed place of duty (21 November 2011, 20 March 2012, 16 April 2012); being drunk while on duty (12 May 2012); and, violating Federal law by drinking underage. The punishment consisted of reduction to E-1; forfeiture of $1023 pay per month for two months; and, extra duty and restriction for 45 days. Ten Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 15 May 2012, the examining medical physician noted in the comments section: head injury while playing basketball, but no loss of consciousness; worry, panic attacks, and poor sleep (received oral medications for sleep); and, he had anger management counseling. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; self-authored statement; 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. 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. DISCUSSION 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 he suffered from depression, which led to his discharge, and he was unaware of his mental issues until he was diagnosed by VA Mental Health. The applicant contends he was denied leave to attend to family issues. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends he indulged in alcohol because he did not receive any assistance dealing with his depression or processing the death of a family member. The evidence of record shows the command attempted to assist the applicant in performing and conducting to Army standards by providing counseling and the imposition of non-judicial punishment. The applicant contends an upgrade of the discharge would allow veterans benefits. 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 a discharge? Yes. After reviewing the available information and in accordance with the Liberal Consideration Memorandum and Clarifying Guidance, it is the opinion of the Agency Behavioral Health advisor that the applicant does have a possible mitigating diagnosis of PTSD and Major Depression. (2) Did the condition exist or experience occur during military service? Yes. Diagnosed with Adjustment Disorder in-service and PTSD and other BH conditions post-service. 100% service-connected for Major Depression. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. After reviewing the available information and in accordance with the Liberal Consideration Memorandum and Clarifying Guidance, it is the opinion of the Agency Behavioral Health advisor that the applicant does have mitigating diagnoses. Based on liberal consideration guidance, PTSD and Major Depression mitigates the applicant's FTRs and alcohol usage. (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, that applicant's PTSD and Major Depression caused applicant to self-medicate and that self-medicated use of alcohol directly lead to applicant's FTRs and Alcohol Abuse. As a result, the ADRB applied liberal consideration and found that the BH conditions outweighed the basis for separation. b. Response to Contention(s): (1) The applicant contends he suffered from depression, which led to his discharge and he was unaware of his mental health issues until he was diagnosed by VA Mental Health. The applicant was diagnosed with Adjustment Disorder in-service and PTSD and other BH conditions post-service and is 100% service-connected for Major Depression. In accordance with the Liberal Consideration Memorandum and Clarifying Guidance the Board determined that the applicant's diagnosed PTSD mitigated the basis for separation and relief was warranted. (2) The applicant contends he was denied leave to attend to family issues. The applicant did not provide any evidence beyond his written testimony supporting his claim that his command denied him leave. The Board, after liberally considering all the evidence, concluded that here were no arbitrary or capricious actions by the command. (3) The applicant contends he indulged in alcohol because he did not receive any assistance with dealing with his depression or processing the death of a family member. In accordance with the Liberal Consideration Memorandum and Clarifying Guidance the Board determined that the applicant's self-medicated use of alcohol to cope with his diagnosed PTSD and Major Depression mitigated the basis for separation and relief was warranted. (4) The applicant contends an upgrade of the discharge would allow veterans benefits. 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 the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge (OBHI and PTSD diagnoses). d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because applicant's PTSD fully mitigated his FTRs, and applicant's self-medicated use of alcohol fully mitigated his alcohol related basis for 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 AR20210003348 7