1. Applicant's Name: a. Application Date: 21 February 2021 b. Date Received: 29 March 2021 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is general, under honorable conditions. The applicant requests, through counsel, an upgrade to honorable, along with a narrative reason and separation program designator (SPD) code change. The applicant's counsel seeks relief contending, in effect, the applicant has overcome his alcohol addiction; has learned from the experience resulting in him obtaining a masters in an entirely different career field; and a general, under honorable conditions discharge is not fair because the applicant was suffering from an undiagnosed condition that adversely affected his judgment leading to unduly harsh penalty. Additionally, the applicant's exceptional performance as an officer in the Army far outweighs his single incident of misconduct. Furthermore, the Army ignored his service-connected post-traumatic stress disorder (PTSD) diagnosis when determining the characterization of his service. In a records review conducted on 22 October 2021, and by a 5 - 0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, service-connected PTSD diagnosis, prior period of honorable service, and post- service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 600-8- 24, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to KFF. 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: Unacceptable Conduct / AR 600-8-24, Paragraph 4-2b and 4-24a(1) / BNC / NA / general, Under Honorable Conditions b. Date of Discharge: 10 November 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board/BOI: NIF On 26 October 2015, The Department of the Army Ad Hoc Review Board reviewed the Resignation in Lieu of Elimination tendered by the applicant. The Deputy Assistant Secretary of the Army (Review Boards) accepted his resignation and he was discharged from the US Army with a general, under honorable conditions characterization of service. The elimination was based on both misconduct and moral or professional dereliction (Army Regulation 600-8-24, paragraph 4-2b), and derogatory information (Army Regulation 600-8-24, paragraph 4-2c). (6) Separation Decision Date / Characterization: 26 October 2015 / General, Under Honorable Condition 4. SERVICE DETAILS: a. Date / Period of Appointment: 28 July 2008 / NIF b. Age at Appointment / Education: 38 years old /PHD c. Highest Grade Achieved / MOS / Total Service: O-4 / 67D5K, Behavioral Sciences / 7 years, 24 days d. Prior Service / Characterizations: ARNG, 28 April 1994 - 15 August 1995 / HD e. Overseas Service / Combat Service: SWA / Iraq (19 September 2009 - 3 April 2010) f. Awards and Decorations: ARCOM-2, AAM, MUC, NDSM, GWOTSM, ICM-CS, ASR g. Performance Ratings: 4 August 2008 - 3 February 2009 / Best Qualified 4 February 2009 - 18 September 2009 / Best Qualified 19 September 2009 - 1 April 2010 / Best Qualified 2 April 2010 - 18 September 2010 / Best Qualified 19 September 2010 - 11 March 2011 / Best Qualified 12 March 2011 - 11 March 2012 / Best Qualified 12 March 2012 - 18 June 2012 / Best Qualified 19 June 2012 - 30 May 2013 / Best Qualified h. Disciplinary Action(s) / Evidentiary Record: GOMOR, dated 6 March 2015, reflects the applicant was arrested in Cumberland County, North Carolina, for driving while impaired after being stopped for speeding. Upon approach of the vehicle, the applicant was administered an intoximeter which determined the applicant's BAC was .15%. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provides a letter from Licensed Psychologist, dated 24 January 2021, stating he had treated the applicant for 3 years and it was his opinion the applicant was misdiagnosed when he was discharged from the Army and his correct diagnosis is PTSD. 5. COUNSEL-PROVIDED EVIDENCE: DD Form 149, DD Form 293, Counsel's Brief with 12 enclosures, ARCOM Certificate-2, 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he has become more involved with church; has completely stopped drinking, and has completed a Master's Degree in Spatial Analytics and is currently pursuing in a Master's of Science in Data Science. 4. 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 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. (1) Paragraph 1-23, provides the authorized types of characterization of service or description of separation. (2) Paragraph 1-23a, states an officer will normally receive an honorable characterization of service when the quality of the officer's service has met the standards of acceptable conduct and performance of duty, or the final revocation of a security clearance under DODI 5200.02 and AR 380-67 for reasons that do not involve acts of misconduct for an officer. (3) Paragraph 1-23b, states an officer will normally receive a general (under honorable conditions) characterization of service when the officer's military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A separation under general (under honorable conditions) normally appropriate when an officer: Submits an unqualified resignation; Separated based on misconduct; discharged for physical disability resulting from intentional misconduct or neglect; and, for final revocation of a security clearance. (4) Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty. (5) Paragraph 4-2b, prescribes for the elimination of an officer for misconduct, moral or professional dereliction, or in the interests of national security. (6) Paragraph 4-24a states an officer identified for elimination may, at any time during or prior to the final action in the elimination case elect one of the following options: (1) Submit a resignation in lieu of elimination; (2) request a discharge in lieu of elimination; and, Apply for retirement in lieu of elimination if otherwise eligible. (7) 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 memorandums. 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 "JNC" as the appropriate code to assign commissioned officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 7. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant's AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade to honorable. The applicant's counsel contends the applicant has overcome his alcohol addiction; has learned from the experience resulting in him obtaining a masters in an entirely different career field; and a general, under honorable conditions discharge is not fair because the applicant was suffering from an undiagnosed condition that adversely affected his judgment leading to unduly harsh penalty. The applicant's counsel also contends the applicant's exceptional performance as an officer in the Army far outweighs his single incident of misconduct. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant's counsel further contends the Army ignored his service-connected PTSD diagnosis when determining the characterization of his service. The applicant's AMHRR is void of mental status evaluation or an in-service PTSD diagnosis. The applicant's counsel request the applicant's narrative reason and SPD code be changed. However, the applicant was separated under the provisions of Chapter 4, paragraph 4-2b and 4- 24a(1), AR 600-8-24 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "BNC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 8. 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 and determined the applicant has been diagnosed and 70% service connected for PTSD by the VA. (2) Did the condition exist or experience occur during military service? Yes. The finding of service connection by the VA for his diagnosis of PTSD establishes it occurred during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. As there is an association between PTSD and the use of alcohol to self-medicate symptoms, there is a nexus between his diagnosis of PTSD and his 2015 arrest for DWI. (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, that the applicant's PTSD diagnosis outweighs the DWI and merits a discharge upgrade. b. Response to Contentions: (1) The applicant has overcome his alcohol addiction. The ADRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board considered this contention in board proceedings, and relief was granted based on the mitigated PTSD. (2) The applicant's exceptional performance as an officer in the Army far outweighs his single incident of misconduct. The Board recognizes and appreciates the applicant's service. The applicant's length and quality of service to include combat service, and prior period of honorable service were considered during the board proceedings. (3) The Army ignored the applicant's service-connected PTSD diagnosis when determining the characterization of his service. The Board considered this contention in board proceedings, and relief was granted in the form of an upgrade to Honorable. (4) The applicant narrative reason and SPD code should be changed. The Board considered this contention in board proceedings, and voted to change the reason to Secretarial Authority. c. The Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, service-connected PTSD diagnosis, prior period of honorable service, and post-service accomplishments. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because post-service he completed a master's degree, stopped drinking, is involved in the church, and working as a social scientist for the IRS. The applicant's PTSD mitigated at least part of the applicant's misconduct for DUI. Thus the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Secretarial Authority under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is KFF. (3) Since this is an Officer discharge, an RE-code does not apply to this case. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: Secretarial Authority / KFF d. Change Authority to: AR 600-8-24 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 AR20210010928 4