1. Applicant’s Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is honorable. The applicant, through counsel, requests a narrative reason change. The applicant seeks relief contending, in effect, serving the country from 11 February 2003 to 10 May 2006. After completing initial entry training, the applicant was assigned to an Infantry platoon as a Mortar Operation Specialist and deployed to Afghanistan from 19 April 2004 to 21 April 2005. The applicant assisted the Special Forces and was directly involved in combat, witnessing tragic deaths of civilians at the hands of the enemy. Prior to deployment the applicant was a model Soldier, but began to have disciplinary issues after returning from deployment. The applicant had dissociative and isolating feelings, nightmares, and guilt, which developed into a deep depression, causing the applicant to become suicidal. The applicant turned to drugs and on 20 May 2006, was separated from the Army for misconduct (drug abuse), just a few days before turning 23 years old. Subsequent to the discharge, the Department of Veterans Affairs (VA) determined the applicant was 70 percent service-connected disability for PTSD, which began when the applicant was in Afghanistan. The VA diagnosed the applicant with PTSD, with Major Depression in partial remission, and Cannabis Dependence, finding the PTSD symptoms likely triggered cannabis use to control anxiety. Despite these setbacks, the applicant became a contributing member of society, obtaining a Bachelor’s Degree in Psychology; volunteering for Habitat for Humanity; and, working with the YMCA, shining as an employee and being promoted. The upgrade would allow the applicant to move forward in life, utilize the Psychology Degree to the fullest, and contribute more to society. The applicant’s history of combat service and PTSD diagnosis constitute unique mitigating circumstances warranting correction of the record. The applicant’s former platoon leader recognizes PTSD was not fully comprehended at the time. The applicant’s former company commander indicated if able to do it again, the applicant would have been retained and sent to PTSD counseling in conjunction with a substance abuse rehabilitation program. The applicant requests change in narrative reason to Secretarial Authority or Miscellaneous/General Reasons. The applicant should be granted equitable relief because the applicant was suffering from PTSD at the time of misconduct; special consideration must be given to the applicant, diagnosed with PTSD disability; and, the applicant’s service record and post-service life in totality demonstrate the misconduct was an aberration, not a reflection of the quality of service. Counsel further details the applicant’s background, including prior service, deployment, PTSD, awards and decorations, and post service accomplishments. The applicant further details the contentions in an allied self-authored statement provided with the application to include an upgrade would allow better employment opportunities. In a records review conducted on 5 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 (Minor Infractions) / AR 635-200, Paragraph 14-12a / JKN / RE-3 / Honorable b. Date of Discharge: 10 May 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 April 2006 (2) Basis for Separation: Under the provisions of AR 635-200, Paragraph 14-12c(2) for drug abuse, the applicant was informed of the following reasons: The applicant between 27 December 2005 and 3 January 2006, wrongfully used marijuana [sic], a controlled substance. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 6 April 2006, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 April 2006 / General (Under Honorable Conditions) / The separation authority approved the separation under AR 635-200, Paragraph 14-12c(2), for drug abuse. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 March 2005 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11C10, Indirect Fire Infantryman / 3 years, 3 months d. Prior Service / Characterizations: RA, 11 February 2003 – 10 March 2005 / HD e. Overseas Service / Combat Service: Hawaii, SWA / Afghanistan (19 April 2004 – 21 April 2005) f. Awards and Decorations: ARCOM-3, NDSM, ACM, GWOTSM, NCOPDR, ASR, OSR-2, CIB, OSB-2 g. Performance Ratings: September 2005 – January 2006 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 14 March 2006, for wrongfully using cocaine (between 27 December 2005 and 3 January 2006). The punishment consisted of a reduction to E-4; forfeiture of $927 pay per month for two months; and, extra duty and restriction for 45 days. Report of Medical History, dated 15 March 2006, the applicant indicated receiving counseling for depression and abused drugs. The examining medical physician notes are unavailable. Three Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided: Department of Veterans Affairs medical records reflecting the applicant was diagnosed with PTSD; R/O Major Depression in partial remission; R/O Cannabis Dependence. The record reflects the veteran meets criteria for Cannabis Dependence, but cannot be confirmed at present. PTSD symptoms likely triggered cannabis uses as a means to control anxiety. Review Post-Traumatic Stress Disorder (PTSD) – DSM V Disability Benefits Questionnaire, dated 9 March 2016, reflecting the applicant was diagnosed with PTSD and Major Depressive Disorder, Recurrent, Severe. Department of Veterans Affairs, Rating Decision, dated 16 March 2016, reflecting the applicant was rated 70 percent disabling for Post-Traumatic Stress Disorder, with Major Depressive Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; legal brief, with exhibits; self- authored statement; separation documents; VA documents with medical records; three third party statements; criminal records check documents. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends being a contributing member of society, obtaining a Bachelor’s Degree in Psychology; volunteering for Habitat for Humanity; and, excelling as an employee for the YMCA. 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) 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. (4) 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. (5) Paragraph 14-12a addresses minor disciplinary infractions, defined as a pattern of misconduct, consisting solely of minor military disciplinary infractions. (6) 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 “JKN” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (minor infractions). 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 a 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 a narrative reason change. The applicant’s record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends the narrative reason for the discharge needs to be changed to Secretarial Authority or Miscellaneous/General Reasons. The applicant was separated under the provisions of Chapter 14, paragraph 14-12a, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “Misconduct (Minor Infractions),” and the separation code is “JKN.” Army Regulation 635-8, Separation Processing and Documents, governs preparation of the DD Form 214 and dictates 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 PTSD affected behavior which led to the discharge and the VA diagnosed the applicant with Major Depression in partial remission, and Cannabis Dependence. The applicant provided several medical documents indicating a diagnoses of PTSD and Major Depressive Disorder, Recurrent, Severe. The applicant was rated 70 percent disability for Post- Traumatic Stress Disorder, with Major Depressive Disorder. The AMHRR is void of a mental status evaluation. The applicant contends good service, including a combat tour. The Board considered the service accomplishments, and the quality of service. The applicant contends being a contributing member of society, obtaining a Bachelor’s Degree in Psychology; volunteering for Habitat for Humanity; and, excelling as an employee for the YMCA. The third party statements provided with the application speak highly of the applicant. They all recognize the applicant’s good conduct after leaving the Army. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization 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. 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. 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, the applicant’s statement, and or civilian provider documentation. The Applicant was diagnosed in service with Major Depression and service connected by the VA for combat-related PTSD. (2) Did the condition exist or experience occur during military service? Yes. The Applicant was diagnosed in service with Major Depression and service connected by the VA for combat-related PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The board’s medical advisor opined that given the natural sequela between PTSD and self-medicating substances the marijuana use that led to the applicant’s separation is mitigated. (4) Does the condition or experience outweigh the discharge? No. The applicant’s discharge characterization is already Honorable, therefore no further change can be made to applicant’s discharge characterization because of any applicant condition or experience. The applicant’s RE code remain appropriate as the PTSD mitigates but does not wholly excuse the misconduct leading to separation. b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs to be changed to Secretarial Authority or Miscellaneous/General Reasons. The Board determined that the available evidence did not support a conclusion that any of the applicant’s medical conditions or other reason warranted any change to the current narrative reason and determined the current narrative reason was both proper and equitable. (2) The applicant contends PTSD affected behavior which led to the discharge and the VA diagnosed the applicant with PTSD, with Major Depression in partial remission, and Cannabis Dependence. The Board liberally considered this contention but concluded that applicant’s BH conditions did not warrant any further change to applicant’s discharge. (3) The applicant contends good service, including a combat tour. The Board considered this contention but determined applicant’s military service did not warrant any further change to applicant’s discharge. (4) 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. c. The Board determined the discharge is, at this time, proper and equitable, in light of the current evidence of record. However, the applicant may request a personal appearance hearing to address the issues before the Board. 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, applicant’s discharge characterization has already been upgraded to Honorable, and the applicant’s PTSD and other BH conditions do not mitigate or warrant any change to applicant’s discharge narrative reason or RE code. 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, and 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 AR20210003406 1