1. Applicant's Name: a. Application Date: 8 October 2020 b. Date Received: 20 October 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: (1) The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable, changes in their separation code, reentry code and their narrative reason for separation. (2) The applicant seeks relief stating prior to their discharge, they had returned from a deployment to Afghanistan with excruciating back pain and post-traumatic stress disorder (PTSD) that was no being treated. Their record only contains nonjudicial punishment for driving while under the influence of alcohol, there is no record of them failing a drug test. They did not fight anything during their last days because they were not receiving help and they wanted to go home. (3) They were a good Soldier earning many awards during their two deployments and they believe they earned an honorable discharge and should have been medical (Note, handwritten portion ended). b. Board Type and Decision: In a records review conducted on 1 December 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD does mitigate the applicant's wrongful use of THC and DUI offenses. 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. Based on the applicant's medical diagnosis the Board determined the reentry code was proper and equitable and voted not to change it. 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / Army Regulations 635-200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 1 May 2019 c. Separation Facts: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 August 2017 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 6 year, 2 months, 16 days d. Prior Service / Characterizations: USAR, 11 October 2011 - 15 August 2017 / HD ADT, 25 October 2011 - 24 February 2012 / HD (Concurrent Service) AD, 1 November 2012 - 5 November 2013, / HD e. Overseas Service / Combat Service: None / Afghanistan (22 December 2012 - 17 September 2013, 25 February 2018 - 21 November 2018) f. Awards and Decorations: ARCOM, ARCOM-C, NDSM, GWTSM, ACM-CS, ASR, OSR, AFSM-M, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: (1) On 24 September 2013, the applicant was awarded the Army Commendation Medal for exceptionally meritorious service as a combat engineer while deployed in Support of Operation Enduring Freedom, with service in Afghanistan. (2) On 22 November 2018, the applicant was awarded the Army Commendation Medal with "C" device for meritorious service as a combat engineer while deployed in Support of Operation Freedom's Sentinel, with service in Afghanistan. (3) An Enlisted Record Brief, dated 5 February 2019, reflects the applicant received suspension of favorable actions for - * on 12 November 2018, Army Physical Fitness Test failure * on 1 February 2019, adverse action, drug abuse adverse action and involuntary separation (4) Military Police Desk Blotter, dated 16 February 2019, reflects the applicant was arrested for operating a motor vehicle while intoxicated with BAC .08% or more (.085%) and failure to equip motor vehicle with two approved red tail lamps on 16 February 2019. (5) A memorandum, U.S. Army Maneuver Support Center of Excellence, subject: General Officer Memorandum of Reprimand, dated 22 February 2019, reflects the applicant was reprimanded in writing for driving while under the influence of alcohol on or about 16 February 2019. (6) A DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects the applicant was discharged on 1 May 2019, with 1 year, 8 months, and 16 days of net active service this period. They have not completed the first full term of service of their contractual obligation of 3 years, 2 weeks. (7) The Enlisted Record Brief, dated 2 May 2019, reflects the applicant was received suspension of favorable actions for - * on 12 November 2018, Army Physical Fitness Test failure * on 1 February 2019, involuntary separation i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): None (1) Applicant provided: Department of Veterans Affairs (VA) letter reflecting their diagnosis of PTSD, service-connected at 50-percent. (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * Certificate of Achievement, reflecting the applicant's superior performance during Operation Enduring Freedom * NATO Medal Certificate, reflecting the applicant's service with NATO in relation to the Resolute Support mission in Afghanistan * DA Form 638 (Recommendation for Award) and Army Commendation Medal Certificate reflecting the applicant's meritorious service while deployed in Support of Operation Freedom's Sentinel in Afghanistan * Letter of Reprimand file from their Army Military Human Resource Record, reflecting the applicant's reprimand for driving while under the influence of alcohol * DD Forms 214, reflecting their two deployments to Afghanistan * Enlisted Record Brief, reflecting the applicant's service * VA letter, reflecting their diagnosis of PTSD, service-connected at 50-percent 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Title 10, U.S. Code, Section 1553, (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, Title 10, U.S. Code, Section 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 (DoD) 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; Title 10, U.S. Code, Section 1553; and DoD Directive 1332.41 and DoD Instruction 1332.28. d. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 19 December 2016, set policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. (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) A Under Other Than Honorable Conditions Discharge is an administrative separation form the Service under conditions other than honorable. It may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court-martial. (4) Chapter 14 (Separation for Misconduct) established policy and prescribed procedures for separating members for misconduct. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Paragraph 14-12c(2) (Abuse of Illegal Drugs is Serious Misconduct), stated, however; 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. 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) Chapter 15 (Secretarial Plenary Authority), currently in effect, 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c(2), 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 DoD Instructions 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. g. Army Regulation 600-85 (Army Substance Abuse Program (ASAP)) provides comprehensive alcohol and drug-abuse prevention and control policies, procedures, and responsibilities for Soldiers of all components for ASAP services. Substance abuse contributes to high-risk behaviors, runs counter to Army Values and erodes personal readiness. ASAP is a mechanism within the Army Resilience Directorate system of support that, when administered appropriately, through engaged and empowered leadership, supports building personal readiness and resilience, and optimizes performances. (1) The command role in substance abuse prevention, drug and alcohol testing, early identification of problems, and administrative or judicial actions is essential. Commanders will ensure that all officials and supervisors support the ASAP. Unit commanders must intervene early and refer all Soldiers suspected of alcohol or other drug-use problems to behavioral health for a Substance Use Disorder evaluation. The unit commander will support treatment plans for all Soldiers. (2) ASAP participation is mandatory for all Soldiers who are command referred and/or subsequently enrolled in mandatory treatment. Failure to attend a mandatory counseling session may constitute a violation of Article 86 (Absence Without Leave) of the UCMJ. (3) Soldiers who fail to participate adequately in or to respond successfully to treatment will be processed for administrative separation. In addition to existing separation policies for alcohol or other drug-abuse treatment failures, Soldiers with a subsequent alcohol or drug- related incident of misconduct at any time during the 12-month period following treatment or during the 12-month period following removal form the treatment program, for any reason, will be processed for separation as an alcohol or drug-abuse rehabilitation failure. (4) All Soldier who are identified as having unauthorized use of substances or suspected substance abuse, will be referred to the Behavioral Health clinic for a Substance Use Disorder evaluation within 5 duty days of receipt of the validated positive drug test result. h. Title 38, U.S. Code, Sections 1110 and 1131, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge, or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by the agency. 8. 8. SUMMARY OF FACT(S): a. The Army Discharge Review Board considers applications for upgrade as instructed by DoD Instruction 1332.28. b. A review of the available evidence provides an administrative irregularity in the proper retention of records, specifically the AMHRR is void of the case files for approved separation. The applicant received a general officer memorandum of reprimand for driving under the influence of alcohol. Due to the lack of evidence the specific facts and circumstances surrounding the misconduct (drug abuse) to be discharged under the provision on Army Regulation 635-200, Paragraph 14-12c(2) are unknown. Notwithstanding the absence of records, the DD Form 214, signed by the applicant, provides the applicant was discharged with a character of service of general (under honorable conditions) for misconduct (drug abuse). They completed 1 year, 8 months, and 16 days of their 3-year, 2-week contractual obligation. c. Chapter 14 establishes policy and prescribes procedures for separation members 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. d. Neither the applicant nor the AMHRR provide documentation of a diagnosis of PTSD during the applicant's term of service. e. Published DoD 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 diagnoses/experiences: PTSD (50% SC). (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found that VA service connection establishes occurrence of PTSD during military 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 the applicant has a mitigating BH condition, PTSD. As there is an association between PTSD and self medication with illicit drugs and/or alcohol, there is a nexus between his diagnosis of PTSD, his wrongful use of THC and his arrest for DWI. (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 wrongful use of THC and DUI offenses basis for separation for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends prior to their discharge, they had returned from a deployment to Afghanistan with excruciating back pain and untreated PTSD. The Board determined this contention was valid and voted to upgrade the characterization of service due to PTSD mitigating the applicant's wrongful use of THC and DUI offenses. (2) The applicant contends their record only contains nonjudicial punishment for driving while under the influence of alcohol, there is no record of them failing a drug test. The Board considered this contention and determined the applicant's discharge was inequitable based on PTSD mitigating the listed basis of separation. (3) The applicant contends they were a good Soldier earning many awards during their two deployments and they believe they earned an honorable discharge and should have been medical. The Board acknowledges the applicant's service and determined the applicant's discharge was inequitable based on PTSD mitigating the listed basis of separation. The medical discharge requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans' Service Organization. c. The Board determined the discharge is inequitable based on the applicant's PTSD mitigated the applicant's wrongful use of THC and DUI offenses. 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. Based on the applicant's medical diagnosis the Board determined the reentry code was proper and equitable and voted not to change it. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD mitigated the applicant's wrongful use of THC and DUI offenses. 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 Board determined the reentry code was proper and equitable and voted not to change it. 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 AR20210006751 1