1. Applicant's Name: a. Application Date: 16 November 2020 b. Date Received: 16 November 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 honorable conditions (general). The applicant requests an upgrade to honorable and a narrative reason change. b. The applicant states, in effect they have been out of the military for 10 years, they stay home and keep to their self due to their PTSD. They have not sought additional help because they were not satisfied with the treatment they received while serving and any misconduct they had towards the end of their service was directly related to their PTSD. c. Board Type and Decision: In a records review conducted on 08 December 2023, and by a 5-0 vote, the board determined the discharge is inequitable based on the applicant's length of service and PTSD, Bipolar 1 DO, Anxiety DO NOS and MST mitigated the applicant's period of AWOL and drug use - wrongful use of amphetamines basis of separation. 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. 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, CH 14-12c / JKK / RE-4 / General (under honorable conditions). b. Date of Discharge: 21 July 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 May 2010 (2) Basis for Separation: Wrongfully used amphetamines. (3) Recommended Characterization: General (under honorable conditions) (4) Legal Consultation Date: 10 June 2010 (5) Administrative Separation Board: N/A (6) Separation Decision Date / Characterization: 13 July 2010 / General under honorable conditions. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 June 2008 / 3 years, 24 weeks b. Age at Enlistment / Education / GT Score: 19 / High School Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10 Wheeled Vehicle Mechanic / 2 years, 1 month, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWTSM, ASR 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 E-1 with an active-duty obligation of 3 years and 24 weeks on 9 June 2008. (2) A memorandum dated 9 March 2010 provides the applicant's immediate commander was notified by the branch manager of the Army Substance Abuse Program regarding the applicant testing positive for DAMP, with the requirement to consult with applicant to verify if they had an alibi for taking DAMP; they must furnish a prescription from a physician/dentist to be cleared. (3) A Developmental Counseling Form dated 27 April 2010 provides the applicant was counseled to inform them that they tested positive for DAMP from a unit urinalysis that was conducted on 17 February 2010. (4) A memorandum, 4TH Brigade Combat Team, 10TH Mountain Division, Fort Polk, Louisiana subject: Separation under the provisions of AR 635-200, Chapter 14 dated 17 May 2010 provides the applicant's immediate commander notified them of their intent to separate them for wrongfully using amphetamines. The commander recommended a General (under honorable conditions) 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 consulted with counsel on 10 June 2010. (5) A Report of Medical Examination dated 21 May 2010, provides the applicant received a separation medical assessment/examination. (6) Record of Proceedings UCMJ dated 22 June 2010 provides the applicant received a NJP for violating Article 112a of the UCMJ. They wrongfully used amphetamines between 14 February - 17 February 2010. Punishment consisted of reduction in rank to E-1, forfeiture of $720 pay for 2 months, extra duty and post restriction for 45 days. (7) On 1 July 2010, the battalion commander endorsed the initiating commander's intent to separate the applicant prior to their expiration of service. The basis for recommendation provides the applicant had a history of abusing subscription medications, once in a suicide attempt and another incident of them taking their spouses amphetamines. They applicant disobeyed a lawful order, failed to report, and fled from staff duty while on buddy watch. (8) On 13 July 2010 a Major (Rear Detachment Commander) approved the separation and directed the applicant to receive a general under honorable conditions discharge certificate. (9) A DD Form 214 shows on 21 July 2010 the applicant was discharged, they completed a total active service of 2 years and 1 months and 6 days. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: A Department of Veteran Affairs disabilities document provides the applicant is 70 percent service connected for PTSD related to personal trauma. (2) AMHRR Listed: Suicide attempt and the Report of Medical Examination document provides the applicant needed a psychiatric evaluation. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Discharge Review) application, a Department of Veteran Affairs summary of benefits letter, a Department of Veteran Affairs disabilities document that provides the applicant is 70% service-connected for PTSD and one additional enclosure in support of their application, a letter of support/buddy statement provides: (1) The applicant was a model soldier that always went above and beyond before they started battling with depression and anxiety. The applicant was being picked on by NCO's and they started drinking alcohol to cope with things. The applicant did not adjust well to the army, "on several occasions I saw [the applicant] cutting themself with a razor blade" and mentioned on several occasions that they wanted to kill themself. One incident they returned home to the applicant cutting their body with a razor blade, they were admitted to a psychiatric hospital off post for observation at which they witnessed terrible things while being there. (2) The applicant never slept, was paranoid and had constant panic attacks. The applicant's spouse left their Adderall in vitamin bottoms, the applicant took a multi-vitamin not knowing it was their spouse's medication. They were not given the chance to explain and was discharged from the army. 6. POST SERVICE ACCOMPLISHMENTS: None provided in support of their application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD, TBI, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. (2) Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. c. Army Regulation 15-180 (Army Discharge Review Board), 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. (5) 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 600-85 effective 14 January 2009 (Army Substance Abuse Program (ASAP)) governs the program and identifies Army policy on alcohol and other drug abuse and assigns responsibilities for implementing the program. The mission of the ASAP is to provide services, which are adequate and responsive to the needs of the total workforce and emphasize alcohol and other drug risk reduction and prevention strategies that respond to potential problems before they jeopardize readiness, productivity, and careers. The ultimate decision regarding separation or retention of abusers is the responsibility of the Soldier's chain of command. * Unit commanders must intervene early and refer all Soldiers suspected or identified as alcohol and/or drug abusers to the ASAP. * Soldiers who test positive for illicit drugs for the first time will be evaluated for dependency, disciplined as appropriate, and processed for separation within 30 calendar days of the company commander receiving notification of the positive result from the ASAP 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: * 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. 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 that agency. 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-214 provides the applicant received a General (under honorable conditions) characterization of service, rather than an under other than honorable conditions (UOTCH) discharge which is normally considered appropriate for a soldier discharged for drug abuse. b. Based on the available evidence the applicant enlisted in the army at the age of 19, and advanced to the rank of Private First Class. At some point the applicant had a suicide attempt at which they used prescription medication. On 17 February 2010 a unit urinalysis was conducted; they tested positive for DAMP after taking their spouses prescription medication. The applicant was processed for administrative separation and received a non-judicial punishment. They were discharged with 10 months and 24 days remaining on their contractual obligation. c. The applicant was notified of the intent to separate them for commission of a serious offense, they acknowledged they understood the basis for separation under the provisions AR 635-200, CH 14-12c. They consulted with counsel and elected to not submit any statement on their behalf. They received the required medical separation examination, the AMHRR is void of the required separation mental health examination.AR 600-85 provides Soldiers who test positive for illicit drugs for the first time will be evaluated for dependency, the AMHRR is void of documentation to support if the applicant was evaluated. The approving authority approved the applicant's administrative separation for "commission of a serios offense" a DD Form 214 shows they were discharged with a general under honorable conditions characterization of service for "misconduct (drug abuse) on 21 July 2010. 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 diagnoses/experiences: PTSD, Bipolar 1 DO, Anxiety DO NOS, MST. [Note: The diagnosis of Agoraphobia and Adjustment DO is subsumed under the diagnosis of Anxiety DO NOS; diagnoses of Dysthymic DO and Depression/MDD are subsumed under diagnosis of Bipolar 1 DO]. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found that the diagnoses of Anxiety DO NOS and Bipolar 1 DO were made while applicant was on active duty. VA service connection for PTSD establishes it began during active duty. (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 several mitigating BH conditions, PTSD, Bipolar 1 DO, Anxiety DO NOS (Note- The diagnosis of Agoraphobia and Adjustment DO with is subsumed under Anxiety DO NOS; diagnoses of Depression and Dysthymic DO is subsumed under diagnosis of Bipolar 1 Disorder) and MST. As there is an association between these conditions and avoidant behaviors, there is a nexus between these diagnoses (PTSD, Bipolar 1 DO, Anxiety DO NOS and MST) and the applicant's period of AWOL. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's PTSD, Bipolar 1 DO, Anxiety DO NOS and MST mitigated the applicant's period of AWOL and drug use - wrongful use of amphetamines basis of separation for the aforementioned reason. b. Prior Decisions Cited: Denied; 17 January 2013 c. Response to Contention(s): The applicant requests an upgrade to honorable and a narrative reason change. The board considered this contention during proceedings and determined that relief was warranted based on the applicant's length of service and mitigated behavioral health diagnosis - PTSD, Bipolar 1 DO, Anxiety DO NOS, and MST outweighing the applicant's drug abuse basis for separation. d. The Board determined the discharge is inequitable based on the applicant's length of service and mitigated behavioral health diagnosis - PTSD, Bipolar 1 DO, Anxiety DO NOS, and MST mitigated the applicant's period of AWOL and drug use basis for separation. 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. e. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD, Bipolar 1 DO, Anxiety DO NOS, and MST mitigated the applicant's drug use basis of separation. Thus, the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The RE code will not change, as the applicant's behavioral health condition is mitigating and service limiting. 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 AR20210007853 1