1. Applicant's Name: a. Application Date: 09 May 2023 b. Date Received: 15 May 2023 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 regret the way their military career ended and that they have no excuses for their behavior and hope to receive grace for their actions as they accept full responsibility for their wrong doings. They state after separation from the army, they were divorced shortly after and started abusing alcohol and drugs for roughly 10 years; during that time, they received a controlled substance possession charge which is currently under a 5- year deferred sentence. They stated the only accomplishment they had since being discharged was when they enrolled in a faith-based rehabilitation facility on 5 May 2012. The applicant states, since being enrolled in the 12-month rehab program they were hired as a staff member on 15 January 2023 after showing great progress. They are wanting a discharge upgrade with hopes to receive their GI Bill and benefits, and a reentry code change. c. Board Type and Decision: In a records review conducted on 27 September 2023, and by a 4 -1 vote, the Board determined the discharge is inequitable based on the applicant's length, post service accomplishments and elapsed time since the misconduct. 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. 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / JKK / RE-4 / Under Honorable Conditions (General) b. Date of Discharge: 26 April 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF; intent to separate is in the AMHRR, however the document is void of the date (2) Basis for Separation: The applicant tested positive for methamphetamine and wrongfully possessed marijuana (3) Recommended Characterization: Under Honorable Conditions (General) (4) Legal Consultation Date: 05 April 2011 (5) Administrative Separation Board: N/A (6) Separation Decision Date / Characterization: 13 April 2011 / General (under honorable conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 March 2009 / 2 years, 1 month, 2 days b. Age at Enlistment / Education / GT Score: 17 / Highschool / 105 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10 Wheeled Vehicle Mechanic / 2 years, 1 month, 2 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 that the applicant enlisted in the United States Army at the rank of private (E-1) for a period of 8 years on 17 December 2008. (2) Military Police Report dated 16 October 2010 provides that the Fort Carson police conducted a safety checkpoint, during which they discovered marijuana on the floorboard of the applicant's vehicle, and a medication bottle containing various prescription medication pills. * The report provides that the applicant had bloodshot red eyes, lacked coordination and had a slow reaction. They performed voluntary roadside maneuvers at which they failed to perform satisfactorily. * It's notated that the applicant voluntarily agreed to a drug evaluation, with results that they were under the influence of drugs and not able to operate a motor vehicle safely, the applicant was apprehended and transported to the Fort Carson police station and provided a blood sample. (3) A memorandum, subject: Mandatory evaluation for alcohol and drug related incident, provides that applicant's command was notified that they were involved in an alcohol or drug related incident, with the requirement that the applicant be referred to the Army Substance Abuse Clinic (ASAP) for evaluation within 4 days of the incident. (4) A memorandum, subject: Urinalysis test results - medical review evaluation required, dated 19 November 2010 provides that the applicants specimen was confirmed positive for DAMP, DMETH. (5) A Developmental Counseling Form provides that on 04 January 2011 the applicant was counseled for testing positive for an illegal controlled substance through urinalysis testing. * Applicant was informed to enroll in the Army Substance Abuse Program (ASAP). * Applicant was informed that they would be processed for discontinuation of military service and receive punishment under the UCMJ. (6) A Record of Medical Examination worksheet dated 19 January 2011, provides the applicant received a medical examination that qualified them for separation once they were cleared by mental health. (7) A memorandum, Department of the Army, Fort Carson Medical Department Activity, subject: Medical review of a positive urine test dated 02 February 2011, provides that a medical review of the applicant's positive urine test confirmed that the applicant tested positive for amphetamine and methamphetamine from a urine sample that was collected on 18 October 2010. The applicant had no prescription for amphetamine or methamphetamine with no evidence to support legitimate medical use. (8) A Record of Proceedings Under Article 15 UCMJ document signed 04 March 2011 provides that the applicant was found guilty of Violating AR 128 (misconduct), specifications include wrongful use of methamphetamine and wrongful possession of marijuana. (9) On 04 March 2011, the applicant received a nonjudicial punishment for the wrongful use of methamphetamine and for wrongful possession of marijuana. Punishment consisted of reduction in rank to private (E-1), forfeiture of $733 for 2 months, and extra duty for 45 days. (10) A Behavioral Health Evaluation Report, dated 21 March 2011, provides that the applicant received a mental health evaluation that psychologically cleared them for administrative separation. (11) An Enlisted Record Brief dated 22 March 2011 provides the applicant was married with one dependent child. (12) A memorandum, Department of the Army, Fort Carson Colorado, subject: Election of rights regarding separation under AR 635-200 chapter 14-12c, Misconduct - Abuse of illegal drugs, signed 05 April 2011 provides that the applicant consulted with counsel. (13) A memorandum, Department of the Army, Fort Carson Colorado, subject: Separation under AR 635-200, Ch 14-12c, Misconduct - Abuse of illegal drugs, provides that applicant was notified of the separation initiation. (14) A memorandum, Department of the Army, Fort Carson Colorado, subject: Commander's report - Proposed separation, dated 11 April 2011 provides that the commander recommended the applicant to be separated from the Army for wrongful possession of marijuana on 16 October 2010 and for testing positive for methamphetamines on 18 October 2010. (15) A memorandum, Department of the Army, Fort Carson Colorado, subject: Separation under AR 635-200, Ch 14-12c, Misconduct - Abuse of illegal drugs, dated 12 April 2011 provides that the battalion commander recommended that the applicant to be separated from the Army with a General (under Honorable Conditions) characterization. (16) A memorandum, Department of the Army, Fort Carson Colorado, subject: Separation under AR 635-200, Ch 14-12c, Misconduct - Abuse of illegal drugs, dated 13 April 2011 provides that the brigade commander directed that the applicant be separated from the United States Army with a General (under Honorable Conditions) characterization of service. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293 (Discharge Review) application, self- authored letter, character letter from the director of a rehabilitation program, and a certificate of rehabilitation completion. 6. POST SERVICE ACCOMPLISHMENTS: To support their petition, the applicant provided 3 documents describing and supporting their post service accomplishments. (a) A self-authored letter indicating that they self-enrolled into a faith-based rehabilitation program in Dallas, Texas on 22 May 2022 after pursing a life of drugs and alcohol for many years after their discharge from the army. They successfully completed the student phase of the program and is currently working as a staff member helping others. (b) A copy of a certificate of completion and letter reference from the director of the faith-based rehabilitation program in Dallas, Texas, provides that the applicant voluntary joined the program, has shown exemplary progress and is now working as a staff member helping teens and adults who are struggling. The 12-month program is part of an internationally accredited recovery and residential rehabilitation program that includes community service, character building, as well as practical life skills training. The Director of the rehabilitation program is proud of the applicant's achievements, their completion of the program, and the person they have become. 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 (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. (1) 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 (2) Chapter 4-14f, states 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. Prescription drugs are inappropriately used when they are used outside the directions given by the legally prescribing health care provider, or when a soldier uses another individual's prescribed medications. 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 to 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: (1) RE-1 Applies to: Person completing his or her term of active service who is considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all other criteria are met. (2) RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. (3) RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 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 that the applicant received a General (under honorable conditions) characterization of service, a under other than honorable conditions (UOTCH) discharge is normally appropriate for a soldier discharged under CH 14 for misconduct. b. Based on the available evidence, the applicant enlisted in the army on 24 March 2009 at the age of 17, they spent 3 months and 6 days in the delayed entry program. The ERB, provides that the applicant was married with one child at the time of discharge. (1) On 16 October 2010, at a safety checkpoint on Fort Carson, Colorado, the applicant's vehicle was checked, marijuana was found on the floorboard of their vehicle along with a medication bottle containing various prescription medication pills. It was suspected that they were under the influence of drugs. The applicant elected to perform voluntary roadside maneuvers at which they failed. They were apprehended for possession of marijuana and for driving under the influence. The applicant was mandated to receive an evaluation at the Army substance Abuse clinic (ASAP) within 4 days of the incident. The AMHRR is void of evidence indicating whether the applicant received the evaluation. (2) On 19 November 2010 the applicant tested positive for amphetamine and methamphetamine from a urine sample that was taken on 18 October 2010. The applicant received a NJP on 4 March 2011 for wrongful use of methamphetamine and for possession of marijuana: violations or Article 112, UCMJ. c. The applicant's AMHRR has no administrative irregularities concerning the events which led to their discharge from the Army. The applicant received a medical and mental health evaluation and was cleared for administrative separation. The applicant was notified of the intent to separate them for misconduct (drug abuse); they acknowledged understanding the basis for separation under the provisions AR 635-200, CH 14-12c. They did not submit a statement on their behalf and elected to consult with counsel. The AMHRR provides the applicant was properly and equitably discharged in accordance with the regulation. 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? No. The Board's Medical Advisor reviewed DoD and VA medical records and found no mitigating BH diagnoses on the applicant. The applicant provided no documents or testimony of a condition or experience, that, when applying liberal consideration, could have excused or mitigated a discharge. (2) Did the condition exist, or experience occur during military service? N/A (3) Does the condition or experience excuse or mitigate the discharge? N/A (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contention(s): The applicant did not make any contentions or provide any evidence to support that the discharge was improper or inequitable. The Board reviewed all available evidence and determined that no relief was warranted at this time. c. The Board determined the discharge is inequitable based on the applicant's length, post service accomplishments and elapsed time since the misconduct. 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 due to the applicant's length, post service accomplishments and elapsed time since the misconduct. 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. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: RE-3 e. Change Authority to: AR 635-200 Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20230008199 1