1. Applicant's Name: a. Application Date: 9 June 2020 b. Date Received: 16 July 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 general (under honorable conditions). The applicant requests an upgrade to honorable, a narrative reason change, a separation code change, and reentry code change. The applicant seeks relief contending, in effect, the discharge has been a major distraction and hinderance in the applicant's life. The applicant missed multiple military and government opportunities because of the discharge. The applicant served the country honorably and was very excited about the Army. The applicant graduated from the noncommissioned officer (NCO) academy at Fort Bragg and reenlisted in order to redeploy to Iraq with the same unit. The applicant loved the military, but after the second deployment, the applicant began to have mental issues, which were ignored by the command. The applicant was shunned when the applicant requested help. The applicant continued the mission but made some mistakes when trying to soothe the pain. The applicant asked fellow Soldiers how to cope with the high anxiety and lack of sleep. The applicant tried marijuana for the first time, and it was a horrible mistake. The results which followed changed the applicant's military career, which the applicant worked so hard for. The applicant requests consideration for the fact the applicant was a Soldier who toured for 25 months in Iraq, honorably. The applicant was a confused young man who made a mistake, which has followed the applicant. The applicant has obtained an associate and a bachelor's degree and working on a master's in psychology. The "dark cloud" on the applicant's DD Form 214 has cast a shadow and prevented employers from getting to know the applicant. b. Board Type and Decision: In a records review conducted on 28 June 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD outweighing the basis for separation - Misconduct (Drug Abuse); tested positive for marijuana, an illegal drug. 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 (Drug Abuse) / AR 635-200, Paragraph 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 1 February 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 December 2010 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant tested positive for marijuana, an illegal drug. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF / The applicant's AMHRR reflects the applicant was advised of the right to consult with counsel. The record is void of a waiver of right to consult with counsel or a document showing the applicant consulted with counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 January 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 December 2008 / 3 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68J10, Medical Logistics Specialist / 5 years, 6 months, 1 day d. Prior Service / Characterizations: RA, 1 August 2005 - 14 December 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq (14 September 2006 - 20 November 2007; 4 November 2009 - 22 July 2010) f. Awards and Decorations: ARCOM, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Company Grade Article 15, dated 24 March 2010, for, in Iraq, failing to go at the time prescribed to the appointed place of duty (11 March 2010). The punishment consisted of a reduction to E-3; and extra duty for 14 days. The form reflects a continuation sheet, but the applicant's AMHRR is void of the continuation sheet. Electronic Copy of DD Form 2624, dated 6 October 2010, reflects the applicant tested positive for THC 47 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 27 September 2010. Field Grade Article 15 dated 1 November 2010, for on two occasions, failing to go at the time prescribed to the appointed place of duty (13 October 2010) and wrongfully using marijuana (THC), a controlled substance (27 September 2010). The punishment consisted of a reduction to E-1; forfeiture of $723 pay per month for two months; and extra duty and restriction for 30 days. Report of Mental Status Evaluation, dated 18 November 2010, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; was mentally responsible; and met medical retention requirements. Numerous Developmental Counseling Forms, for various acts of misconduct: Abuse of illegal drugs; on multiple occasions, failing to be at the appointed place of duty; and insubordinate conduct towards an NCO. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 / The applicant indicates the VA 100 percent Rating for PTSD document and the bachelor's degree are attached, but the documents are not attached to the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has obtained an associate and a bachelor's degree and working on a master's in psychology. 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 (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 waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: 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. 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. 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. 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, a narrative reason change, a separation code change, and a reentry code change. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends the narrative reason for the discharge needs to be changed. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." 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 as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation 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. The 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. The 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 14, paragraph 14-12c (2), is "JKK." The applicant requests a reentry eligibility (RE) code change. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-210, the applicant was appropriately assigned an RE code of "4." An RE code of "4" cannot be waived, and the applicant is no longer eligible for reenlistment. The applicant contends PTSD affected behavior which led to the discharge. The applicant's AMHRR contains no documentation of PTSD diagnosis. The applicant did not submit any evidence, other than the applicant's statement, to support the contention the discharge resulted from any medical condition. The AMHRR shows the applicant underwent a mental status evaluation (MSE) on 18 November 2010, which indicates the applicant could understand and participate in administrative proceedings; was mentally responsible; and met medical retention requirements. The MSE does not indicate any diagnosis. The MSE was considered by the separation authority. The applicant contends the command ignored the applicant's mental conditions. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends youth and immaturity affected the applicant's behavior at the time of the discharge. The AMHRR shows the applicant met entrance qualification standards to include age. The applicant contends good service, including two combat tours. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. 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 obtaining an associate and a bachelor's degree and working on a master's in psychology. 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. 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 diagnoses/experiences: PTSD (100%SC); Depression; Adjustment DO. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found PTSD was diagnosed during active service and is service connected by the VA. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has a mitigating BH condition, PTSD. As PTSD is associated with use of illicit drugs to self-medicate symptoms, there is a nexus between his diagnosis of PTSD and his urine positive drug screen for THC. (Note-the diagnoses of Depression and Adjustment DO are subsumed under the diagnosis of PTSD). (4) Does the condition or experience outweigh the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has a mitigating BH condition, PTSD. As PTSD is associated with use of illicit drugs to self-medicate symptoms, there is a nexus between his diagnosis of PTSD and his urine positive drug screen for THC. (Note-the diagnoses of Depression and Adjustment DO are subsumed under the diagnosis of PTSD). b. Response to Contention(s): (1) The applicant requests an upgrade to honorable, a narrative reason change, a separation code change, and reentry code change. The Board considered this contention and voted to upgrade the characterization of service to Honorable and change the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN because there is a nexus between the diagnosis of PTSD that mitigated the applicant's misconduct - abuse of illegal drugs; on multiple occasions, failing to be at the appointed place of duty; and insubordinate conduct towards an NCO. The board voted to maintain the current RE- code as the current code is consistent with the procedural and substantive requirements of the regulation and the applicant's PTSD though mitigating, is service limiting. (2) The applicant contends PTSD affected behavior which led to the discharge. The Board found validity in this contention and voted to upgrade the applicant's discharge based on the applicant's PTSD outweighing the applicant's basis for separation: misconduct - abuse of illegal drugs; on multiple occasions, failing to be at the appointed place of duty; and insubordinate conduct towards an NCO. (3) The applicant contends the command ignored the applicant's mental conditions. The Board considered this contention during proceedings, and determined that Army Regulation 635-200, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. Also, there is no evidence available or presented by the applicant of the command acting in an arbitrary or capricious manner other than the applicant's assertion of inequity. However, the board determined based on available military and VA medical records, indicates that the applicant is 100% service connected for PTSD. Thus, relief was warranted. (4) The applicant contends youth and immaturity affected the applicant's behavior at the time of the discharge. applicant contends youth and immaturity affected the applicant's behavior at the time of the discharge. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted being granted as detailed in paragraphs 9a (3-4). (5) The applicant contends good service, including two combat tours. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted being granted as detailed in paragraphs 9a (3-4). (6) The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board considered this contention and 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. (7) The applicant contends obtaining an associate and a bachelor's degree and working on a master's in psychology. The applicant's service accomplishments and the quality of service were considered as 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 voted to grant relief based on the applicant's PTSD outweighing the applicant's misconduct detailed in paragraphs 9a (2-3). c. The Board determined the discharge is inequitable based on the applicant's PTSD, outweighing the basis for separation - misconduct: Abuse of illegal drugs; on multiple occasions, failing to be at the appointed place of duty; and insubordinate conduct towards an NCO. Thus, relief is warranted. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD outweigh the basis for separation - misconduct: Abuse of illegal drugs; on multiple occasions, failing to be at the appointed place of duty; and insubordinate conduct towards an NCO because there is a nexus between the applicant's diagnosis of PTSD and a positive urine drug screen for THC. 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 / Separation Order: 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 AR20210006373 1