1. Applicant's Name: a. Application Date: 18 December 2020 b. Date Received: 22 December 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is under other than honorable conditions. The applicant requests an upgrade to honorable and a narrative reason change. b. The applicant states, in effect their discharge was connected to their undiagnosed PTSD. Since being discharged they have been diagnosed with PTSD that was caused from their time in service. They were discharged because of two failed drug tests. They were using marijuana to help ease their symptoms of severe anxiety caused by their PTSD so that they would not harm their self. Since being discharged they have refrained from drug use and have learned healthier ways to cope with their PTSD. They are asking that they drug tests be forgiven and their discharge upgraded to honorable. It haunts them that their mental health and emotional struggles with PTSD caused them to lose their military carrier and barred them from receiving much needed and deserved veteran benefits for their self and their family c. Board Type and Decision: In a records review conducted on 10 January 2024, and by a 5-0 vote, the Board determined the discharge is inequitable based on the PTSD mitigating the applicant's drug abuse. 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, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN. The Board determined the reentry code is proper and equitable and voted not to change it, based on the applicant's medical diagnosis. 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / JKK / RE-4 / Under Other Than Honorable Conditions. b. Date of Discharge: 6 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 February 2012 (2) Basis for Separation: Wrongful use of marijuana and absent without leave (AWOL). (3) Recommended Characterization: Under Other Than Honorable. (4) Legal Consultation Date: 29 February 2012 the applicant waived counsel. (5) Administrative Separation Board: N/A (6) Separation Decision Date / Characterization: 31 March 2012 / Under Other Than Honorable. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 February 2009 / 6 years, 19 weeks b. Age at Enlistment / Education / GT Score: 20/ NIF / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 (Specialist) / 11B10 Infantryman / 2 years, 9 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None / Afghanistan; 6 February 2010 - 7 February 2011 f. Awards and Decorations: ARCOM, NDSM, ACM-CS, GWTSM, ASR, OSR, NATOMDL g. Performance Ratings: N/A h. Disciplinary Action(s) / Evidentiary Record: (1) An Enlistment/ Reenlistment Document provides the applicant enlisted in the United States Army Reserve at the rank of private (E-1) with an active duty obligation of 6 years and 19 weeks on 21 January 2009. (2) A memorandum, subject: Commander's notification and required response to a positive urine test dated 15 April 2011 provides the applicant's command was notified regarding the applicant testing positive for THC from a urinalysis that was collected on 31 March 2011. The applicant's command was notified a second time on 2 June 2011, after the applicant tested positive for THC (2ND Positive) from a urinalysis that was collected on 19 May 2011. (3) A Personnel Action Document provides the applicants duty status changed from present for duty (PDY) to absent without leave (AWOL) on 2 June 2011. * Duty status changed from AWOL to DFR (dropped from roll) on 2 July 2011 * Duty status changed from DFR to Civilian Confinement on 10 August 2011 * Duty status changed from Civilian Confinement to AWOL on 12 August 2011 * Duty status changed from AWOL to DFR on 13 August 2011 * Duty status changed from DFR to Present for duty on 4 November 2011 (4) A Report of Return of Absentee document signed 2 November 2011 provides the applicant was apprehended by civil authorities and returned to military authorities on Fort Campbell, Kentucky. (5) Two Developmental Counseling forms dated 7 and 8 November 2011 provides the applicant was counseled for being AWOL and counseled to notify them of the initiation of their chapter proceedings for being AWOL for an extended period. (6) A Report of Mental Status Evaluation document dated 29 November 2011, provides the applicant received a separation mental health evaluation. (7) A Report of Medical Examination dated 12 December 2011, provides the applicant received a separation medical examination. (8) Record of Proceedings UCMJ dated 5 January 2012 provides the applicant received a NJP for violating Article 86 of the UCMJ on separate occasions. They were absent without leave (AWOL). Punishment consisted of reduction in rank to E-2, forfeiture of $822 pay for 2 months, extra duty for 45 day, post restriction for 30 days and an oral reprimand. (9) A memorandum, 3rd Brigade Combat Team, Fort Campbell, Kentucky, subject: Separation under the provisions of AR 635-200, Chapter 14 dated 28 February 2012 provides the applicant's immediate commander notified them of their intent to separate them for Commission of a serious offense: they used marijuana between 1 March - 31 March 2011 and between 19 April - 19 May 2011, and they were absent without leave on three separate occasions. The commander recommended a Under Other than Honorable characterization of service. The applicant acknowledged the commander's notification and basis for separation, and their available rights. The applicant completed their election of rights and waived counsel representation on 29 February 2012. (10) A Commander's Report, dated 1 March 2012, provides no rehabilitative attempts were made prior to proposing separation. (11) On 7 March and 14 March 2012 the chain of command endorsed and concurred with the commander's recommendation. On 31 March 2012 the appropriate authority approved the separation under the provisions of AR 635-200, misconduct-abuse of illegal drugs and directed a characterization of service of Under Other Than Honorable Conditions. (12) A DD Form 214 shows on 6 April 2012 the applicant was discharged, they completed a total active service of 2 years and 9 months. i. Lost Time / Mode of Return: 17 May 2011 - 19 May 2011 / NIF; 2 June 2011 - 10 August 2011 / Confinement; 12 August 2011 - 4 November 2011 / Apprehended by civil authorities. j. Behavioral Health Condition(s): (1) Applicant provided: The applicant contends they were diagnosed with PTSD however they did not provide any medical documentation to support their mental health condition. (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: a DD Form 293 (Application for Review of Discharge), and a character reference letter from their coworker in support of their application. * A character letter describes the applicant has a hard working and trustworthy person that would do anything in the world for those they cared for. The applicant is described as the "first person to offer help and the last to walk away". They are always asking questions in order to become better and is "someone who is not without mistakes but who does like we all must do and us those mistakes to make us better". 6. POST SERVICE ACCOMPLISHMENTS: Since being discharged they have refrained from drug use and have learned healthier ways to cope with their PTSD. 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), dated 25 September 2019, 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 provides the authorized types of characterization of service or description of separation. (1) 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. (2) 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. (3) An 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. (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. 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. A soldier subject to this discharge under this regulation will be considered and processed for discharge even though he/she has filed an appeal or has stated his/her intention to do so. Paragraph 14-12c, states 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 600-85 (Army Substance Abuse Program (ASAP)) governs the program and identifies Army policy on alcohol and other drug abuse, and responsibilities. The ASAP is a command program that emphasizes readiness and personal responsibility. It provides the ultimate decision regarding separation or retention of abusers is the responsibility of the Soldier's chain of command. Abuse of alcohol or the use of illicit drugs by military personnel is inconsistent with Army values and the standards of performance, discipline, and readiness necessary to accomplish the Army's missions. Individuals who do not self-refer for treatment and are subsequently identified as positive for controlled substances for which they do not have a valid prescription may be considered in violation of the UCMJ for drug misuse/abuse. f. 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, paragraph 12c, misconduct (drug abuse). g. 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: (1) RE-1 Applies to: Person completing his or her term of active service who is considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all other criteria are met. (2) 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. (3) RE-4 Applies to: Person separated from last period of service with a nonwaiverable 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. h. Appendix 12, Maximum Punishment Chart in the Manual for Courts-Martial provides that wrongful use of marijuana includes a punitive discharge, confinement from 2-5 years, and total forfeiture or pay. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. a. The applicant requests an upgrade to honorable. The applicant's DD Form 214 provides that the applicant received a Under Other than Honorable (UOTCH) characterization of service which is normally considered appropriate for a soldier discharged for drug abuse. b. Based on the available evidence, the applicant joined the Army at the age of 20, they received the Army Commendation Medal and deployed to Afghanistan for 12 months. Less than two months after returning from deployment the applicant tested positive for marijuana from a urinalysis that was collected on 31 March 2011; they tested positive for marijuana a second time two months later. They received a NJP for being absent without leave (AWOL) on 3 separate occasions the same year they returned from Afghanistan. c. The applicant was notified of the intent to separate them for misconduct (abuse of illegal drugs), they acknowledged they understood the basis for separation under the provisions AR 635-200, CH 14-12c. They waived counsel representation and received the required medical and mental health separation examinations. A properly constituted DD Form 214 shows they were discharged with an Under Other than Honorable conditions characterization of service on 6 April 2012. d. Chapter 14 establishes policy and prescribes procedures for members being separated for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. 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. e. Published Department of Defense guidance indicates that the guidance is not intended to interfere or impede on the Board's statutory independence. The Board will determine the relative weight of the action that led to the discharge and whether it supports relief or not. In reaching its determination, the Board shall consider the applicant's petition, available records and/or submitted documents in support of the petition. 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 and found that the applicant has the following potentially-mitigating diagnosis: PTSD (2) Did the condition exist or experience occur during military service? Yes. The applicant asserts PTSD existed in-service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that given the nexus between trauma and substance use, the PTSD mitigates the misconduct. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD outweighed the drug abuse basis for separation for the aforementioned reason(s). b. Response to Contention(s): The applicant did not make any contentions or provide any evidence to support that the discharge was improper or inequitable. The Board reviewed all available evidence and determined the applicant's PTSD mitigated the drug abuse. c. The Board determined the Board determined the discharge is inequitable based on the PTSD mitigating the applicant's drug abuse. 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, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN. The Board determined the reentry code is proper and equitable and voted not to change it, based on the applicant's medical diagnosis. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD outweighed the applicant's misconduct of marijuana abuse and AWOL. 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 Board determined the current code is proper and equitable based on the applicant's medical diagnosis. 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 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 AR20210005226 1