1. Applicant's Name: a. Application Date: 26 May 2022 b. Date Received: 26 May 2022 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests a narrative reason change and a reentry code change. The applicant seeks relief contending, in effect, the discharge was unjust. The applicant, a top tier Soldier for the platoon, had received three Army Achievement Medals in a very short time, and was thought of highly. But the platoon's attitude towards the applicant changed after mentioning to a squad leader of a desire to move to the scout platoon, which was more in the applicant's alley. At the same time, the applicant was informed of a grandparent who was on their deathbed. The applicant had a tough time coping with the emotions and stress of the changed attitudes and the news about the grandparent. When the applicant went on leave at 19 years old, and while associating with a wrong crowd, accepted an offer to do marijuana and cocaine, which numbed the pain. Upon returning to the unit, the applicant failed a drug test, which caused the platoon to have bitter view towards the applicant. The applicant completed the Article 15 punishment with a demotion to E-1 and completed the substance abuse program. The applicant did not receive an opportunity to plead the case. If the applicant was ever asked about remaining in the Army and correct the mistake, the response would be, "most definitely." The applicant is now 26 years old with a family and children. The applicant refuses to let the DD Form 214 be the legacy. The applicant has since provided IT support to a community services nonprofit organization, and currently, installs, maintains, and troubleshoots radios and radio communication for nine counties of public safety and hospitals. The applicant desires to return to the military, correct the mistake, and achieve the dream of becoming the best operator for the country. The applicant further details the contentions in the online application. b. Board Type and Decision: In a records review conducted on 3 April 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, time elapsed since discharge, and post-service accomplishments requiring multiple clean drug tests to continue employment outweighed the one-time drug use. 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 to RE-3. Please see Section 10 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 13 April 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 February 2016 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant tested positive for marijuana and cocaine on 31 August 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 1 March 2016, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 March 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 July 2014 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 18 / High School Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11C1P, Indirect Fire Infantry / 1 year, 9 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM-3, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Developmental Counseling Forms for having a positive urinalysis test result. Electronic Copy of DD Form 2624, dated 8 September 2015, reflects the applicant tested positive for COC 1178 (cocaine) and THC 88 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 31 August 2015. FG Article 15, dated 10 December 2015, for wrongfully using marijuana (between 1 and 31 August 2015), and wrongfully using cocaine (between 29 and 31 August 2009). The punishment consisted of a reduction to E-1; forfeiture of $773 pay per month for two months; extra duty for 45 days; and restriction for 44 (sic) days. Report of Mental Status Evaluation (MSE), dated 28 January 2016, reflects the applicant was psychiatrically cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong; and met medical retention requirements. The applicant had been screened for PTSD and mTBI with negative results. The conditions were either not present or did not meet AR 40-501 criteria for a medical evaluation board. The command was advised to consider the influence of these conditions. The MSE indicates the applicant was screened for substance use disorders and was enrolled in ASAP. The MSE provided the "AXIS I" diagnosis as "Occupational Problems." i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: MSE/BHE as described in previous paragraph 4h. 5. APPLICANT-PROVIDED EVIDENCE: Online application with signature page; Case Separation Packet with DD Form 214 and ERB; Parachute Badge Orders; three AAM certificates; Article 15; and Mental Status Evaluation. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has provided IT support to a community services nonprofit organization, and currently, installs, maintains, and troubleshoots radios and radio communication for nine counties in reference to public safety and hospitals. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD, TBI, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. (2) Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. c. Army Regulation 15-180 (Army Discharge Review Board) sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10, United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. (5) Paragraph 14-3 prescribes a discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. (6) Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14- 12a or 14-12b as appropriate. e. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1 defines reentry eligibility (RE) codes: RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests a narrative reason change and a reentry code change. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends the narrative reason for the discharge needs to be changed. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-8, Separation Processing and Documents, governs preparation of the DD Form 214, and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant requests a reentry eligibility (RE) code change and desires to rejoin the Military Service. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-210, the applicant was appropriately assigned an RE code of "4." An RE code of "4" cannot be waived, and the applicant is no longer eligible for reenlistment. The applicant contends the discharge was unjust and was not provided the opportunity to plead the case in an Article 15 proceedings. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends being a top tier Soldier for the platoon, had received three Army Achievement Medals in a very short time, and was thought of highly. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends having a tough time coping with the emotions and stress of the changed attitudes of the platoon and the news about the grandparent's nearing death, and while on leave at 19 years old, had accepted an offer to do marijuana and cocaine, which numbed the pain. The applicant's AMHRR contains no documentation of behavioral health diagnosis. The applicant did not submit any evidence, other than the applicant's statement, to support the contention of coping with the emotions and stress. The AMHRR shows the applicant underwent a mental status evaluation (MSE) on 28 January 2016, which indicates the applicant was mentally responsible and recognized right from wrong. The MSE reflected occupational problems for the "AXIS I" diagnosis. The MSE was considered by the separation authority. The applicant contends providing IT support for a community service nonprofit organization, and installs, maintains, and troubleshoots radios and radio communication for nine counties of public safety and hospitals. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Counsel / Witness(es) / Observer(s): N/A 10. 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 diagnosis: applicant asserts emotional distress related in use, no diagnosis noted, which may be sufficient evidence to establish the existence of a condition that could mitigate or excuse the discharge. (2) Did the condition exist or experience occur during military service? Yes. The applicant asserts emotional distress related in use, no diagnosis noted. (3) Does the condition or experience actually excuse or mitigate the discharge? Partial. The Board's Medical Advisor applied liberal consideration and opined that the applicant did not have a behavioral health condition or experience for consideration. However, per ARBA guidance, the applicant's assertion emotional distress drove the misconduct affords partial mitigation. (4) Does the condition or experience outweigh the discharge? No. Despite the Board's application of liberal consideration, the Board considered the opinion of the Board's Medical Advisor, a voting member, that the available evidence did not support a conclusion that the applicant's asserted emotional distress outweighed the basis for applicant's separation - drug use - for the aforementioned reason(s). b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs to be changed. The Board considered this contention and determined a narrative reason upgrade was warranted based on the applicant's quality of service, time elapsed since discharge, and post- service accomplishments requiring multiple clean drug tests to continue employment outweighed the one-time drug use. (2) The applicant requests a reentry eligibility (RE) code change and desires to rejoin the Military Service. The Board considered this contention and determined a RE-code upgrade to RE-3 was warranted based on the applicant's quality of service, time elapsed since discharge, and post-service accomplishments requiring multiple clean drug tests to continue employment outweighed the one-time drug use. (3) The applicant contends the discharge was unjust and was not provided the opportunity to plead the case in an Article 15 proceedings. The Board considered this contention of impropriety during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the reasoning above. (4) The applicant contends being a top tier Soldier for the platoon, had received three Army Achievement Medals in a very short time, and was thought of highly. The Board considered this contention and determined relief was warranted based partially on the applicant's quality of service. (5) The applicant contends having a tough time coping with the emotions and stress of the changed attitudes of the platoon and the news about the grandparent's nearing death, and while on leave at 19 years old, had accepted an offer to do marijuana and cocaine, which numbed the pain. The Board considered this contention and determined relief was warranted based on the applicant's quality of service, time elapsed since discharge, and post-service accomplishments requiring multiple clean drug tests to continue employment outweighed the one-time drug use. (6) The applicant contends providing IT support for a community service nonprofit organization, and installs, maintains, and troubleshoots radios and radio communication for nine counties of public safety and hospitals. The Board considered this contention and determined relief was warranted based partially on the applicant's post-service accomplishments requiring multiple clean drug tests to continue employment. c. The Board determined the discharge is inequitable based on the applicant's quality of service, time elapsed since discharge, and post-service accomplishments requiring multiple clean drug tests to continue employment outweighed the one-time drug use. 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 to RE-3. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's quality of service, time elapsed since discharge, and post-service accomplishments requiring multiple clean drug tests to continue employment outweighed the one-time drug use. 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 voted to change the RE code to RE-3. 11. 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: RE-3 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 AR20220008178 1