1. Applicant's Name: a. Application Date: 19 December 2020 b. Date Received: 7 January 2021 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is under other than honorable conditions. The applicant requests an upgrade to honorable. b. The applicant states, in effect they are requesting an upgrade to their discharge because they suffered from an undiagnosed mental health disorder. 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 PTSD, MMD and TBI mitigated the applicant's misconduct - Army Substance Abuse Program failure. 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. The RE code will not change, as mitigating condition is also service limiting. 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Drug Rehabilitation Failure / AR 635- 200, Chapter 9 / JPC / RE- 4 / Under Honorable Conditions (General) b. Date of Discharge: 11 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 March 2015 (2) Basis for Separation: Within 12 months of successfully completing the Army Substance Abuse Program, the was applicant was reenrolled into the program declaring them a rehabilitation failure. (3) Recommended Characterization: General under honorable conditions (4) Legal Consultation Date: 1 April 2015 (5) Administrative Separation Board: N/A (6) Separation Decision Date / Characterization: 29 April 2015 / General (under honorable conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 May 2013 / 4 Years b. Age at Enlistment / Education / GT Score: 28 / [GED] / 112 c. Highest Grade Achieved / MOS / Total Service: Specialist (E-4) / 11B1P Infantryman / 4 years, 7 months, 23 days. d. Prior Service / Characterizations: HD RA 10 Oct 2010 - 09 May 2013 e. Overseas Service / Combat Service: None / Afghanistan (28 April 2012 - 4 September 2012) f. Awards and Decorations: ACM-CS, ACM, AAM, AGCM, NDSM, GWTSM, ASR, NM g. Performance Ratings: N/A h. Disciplinary Action(s) / Evidentiary Record: (1) An Enlistment/Reenlistment Document provides the applicant re-enlisted in the Army at the rank of specialist (E-4) for 4 years on 10 May 2013. (2) A memorandum, Army Support Activity, Joint Base Elmendorf-Richardson, Alaska subject: Summary of rehabilitation efforts dated 10 December 2014 provides the applicant was enrolled in the Army Substance Abuse Program (ASAP) from 4 October 2013 - 12 May 2014, they completed the program as a rehabilitation success. * The applicant was medically referred to ASAP on 6 October 2014. * The applicant was immediately discharged from the program, under the provisions of AR 600-85: soldiers with a subsequent alcohol or drug incident of misconduct at any time during the 12-month period following successful completion of the Army Substance Abuse program, will be processed for separation as Am alcohol or drug rehabilitation failure. * The applicant was designated a Rehabilitation Failure. (3) A Report of Mental Status Evaluation document dated 5 March 2015, provides the applicant received a mental health evaluation and indicated they were ready to leave the military and go back to school. They were cleared for chapter 9 separation. (4) A Report of Medical Assessment document dated 25 March 2015, provides the applicant received a separation medical examination. (5) A memorandum, Department of the Army, Headquarters and Headquarters Detachment, Joint Base Elmendorf-Richardson, Alaska subject: Separation under AR 635-200, Chapter 9 dated 31 March 2015 provides the applicant's immediate commander notified them of their intent to separate them for Alcohol or Drug Abuse Rehabilitation Failure with a recommended General (under honorable conditions) characterization of service. On the same day the applicant acknowledged the commander's notification and basis for separation, their available rights, to include the right to consult with counsel prior to submitting their election of rights. (6) On 1 April 2015, after having consulted with counsel the applicant completed their election of rights and did not submit a statement on their behalf. (7) On 29 April 2015 the appropriate authority approved the separation and directed the applicant be separated with a General (under honorable conditions) characterization of service. (8) A DD Form 214 shows on 11 June 2015 the applicant was discharged accordingly, they completed a total active service of 4 years, 7 months, and 23 days. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: The applicant states they had an undiagnosed mental health disorder at the time of discharge however they did not provide any supporting documents that supports their mental health disorder. (2) AMHRR Listed: The applicant was enrolled in the army substance abuse program. 5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293 (Discharge Review) application, and a copy of their DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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) Except as otherwise indicated in this regulation, commanders must make maximum use of counseling and rehabilitation before determining that a Soldier has no potential for further useful service and, therefore, should be separated. In this regard, commanders will ensure that adequate counseling and rehabilitative measures are taken before initiating separation proceedings for the following reasons: * Involuntary separation due to parenthood * Personality disorder * Other designated physical or mental conditions * Entry-level performance and conduct * Unsatisfactory performance * Minor disciplinary infractions or a pattern of misconduct * Failure to meet body fat standards (5) Chapter 9 provides the authority and outlines the procedures for discharging Soldiers for alcohol or other drug abuse rehabilitation failure. Discharge is based upon alcohol or other drug abuse such as illegal, wrongful, or improper use of any controlled substance, alcohol, or other drugs when the soldier is enrolled in Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) or when the commander determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitation failure. This determination will be made in consultation with the rehabilitation team. When the commander determines that a soldier who has never been enrolled in ADAPCP lacks the potential for further useful service, the soldier will be screened per AR 600-85. If found non-dependent, the soldier will not be rehabilitated but will be considered for separation under other appropriate provisions of this regulation. Separations for alcohol abuse rehabilitation failure will be reported separately from separations for drug abuse rehabilitation failure. If separation is based on both, the primary basis will be used for reporting purposes. (6) Paragraph 9-2 prescribes the basis for separation. A Soldier who is enrolled in the ADAPCP for alcohol/drug abuse may be separated because of their inability or refusal to participate in, cooperate in, or successfully complete such a program in one of the following circumstances: * There is a lack of potential for continued Army service and rehabilitation efforts are no longer practical * Long term rehabilitation is necessary, and the soldier is transferred to a civilian medical facility for rehabilitation e. Army Regulation 600-85 (Army Substance Abuse Program (ASAP)) governs the program and identifies Army policy on alcohol and other drug abuse, and responsibilities. The ASAP is a command program that emphasizes readiness and personal responsibility. It provides the ultimate decision regarding separation or retention of abusers is the responsibility of the Soldier's chain of command. Abuse of alcohol or the use of illicit drugs by military personnel is inconsistent with Army values and the standards of performance, discipline, and readiness necessary to accomplish the Army's missions. Individuals who do not self-refer for treatment and are subsequently identified as positive for controlled substances for which they do not have a valid prescription may be considered in violation of the UCMJ for drug misuse/abuse. f. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JPC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, Drug Rehabilitation Failure. 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. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. a. The applicant requests an upgrade to honorable. The applicant's DD Form 214 provides that the applicant received a General (under honorable conditions) characterization of service, which is normally considered appropriate for a soldier discharged for drug rehabilitation failure. b. Based on the available evidence, the applicant joined the Army at the age of 28, they were deployed and spent 4 months and 7 days in Afghanistan in 2012. In 2013 the applicant re- enlisted in the army for 4 years, 5 months into their contractual obligation they were enrolled ln the Army Substance Abuse Program. They completed the program as a rehabilitation success on 12 May 2014. After successfully completing the ASAP, they were medically referred to attend the program again. The applicant was processed for administrative separation after being designated a rehabilitative failure. c. A review of the record provides the administrative process was properly followed according to regulation. The applicant was notified of the intent to separate them for rehabilitation failure. They acknowledged they understood the basis for separation under the provisions AR 635-200, CH 9. They consulted with counsel and did not submit a statement on their behalf. Rehabilitation attempts were made; the applicant successfully completed the Army Substance Abuse Program from 4 October 2013 - 12 May 2014 and within twelve months of successfully completing the program, the applicant was reenrolled in the program which declared them to be a rehabilitation failure. d. Chapter 9 establishes policy and prescribes procedures for members being separated for alcohol or other drug abuse rehabilitation failure. The service of Soldiers discharged under this section will be characterized as honorable or under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required. The separation authority will approve separation in cases processed without an administrative board if the documentation in the file indicates required rehabilitative efforts have been made, further rehabilitative efforts are not practical, rendering the soldier a rehabilitation failure, and the soldier's potential for fully effective service is substantially reduced by alcohol/drug abuse. 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, TBI, MDD. [Note-ADHD is a pre-existing condition and does not fall under the purview of liberal consideration]. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found MDD was diagnosed while applicant was on active duty. Service connection for PTSD and TBI establishes that these conditions occurred or 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 three mitigating BH conditions, PTSD, MDD and TBI. As there is an association between PTSD, MDD, TBI, and self-medication with illicit drugs and/or alcohol to treat painful emotional symptoms, there is a nexus between these conditions and the applicant failure to successfully complete alcohol/drug rehabilitation. (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, TBI, and MDD DO outweighed the basis of separation - Drug Rehabilitation Failure. b. Response to Contention(s): (1) The applicant requests an upgrade to honorable. The board considered this contention during proceedings and voted to grant an upgrade because the applicant's PTSD, MDD and TBI outweighing the applicant's basis of separation - drug rehabilitation failure. Thus, and upgrade of the characterization of service and narrative reason for separation code is warranted. (2) The applicant requests an upgrade to the discharge because the applicant suffered from an undiagnosed mental health disorder. The board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD, MDD, and TBI outweighing the applicant's basis of separation - drug rehabilitation failure. (3) The applicant contents successfully completed the Army Substance Abuse Program (ASAP) and after completing the program, the applicant was medically referred to the ASAP. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted as detailed in paragraphs 9a (3-4) and 9b (1). c. The Board determined the discharge is inequitable based on the applicant's PTSD, MDD and TBI mitigated the applicant's misconduct - drug rehabilitation failure. 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, and the reentry code of RE-4 will remain the same. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD, MDD and TBI mitigated the applicant's basis of separation - drug rehabilitation failure. 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 mitigating condition is also 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 AR20210011413 1