1. Applicant’s Name: a. Application Date: 25 March 2015 b. Date Received: 30 March 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that his discharge should be upgraded due to his documented service-connected PTSD. He contends an upgrade of his discharge would allow him to continue to be a productive citizen of the United States. He reiterates that the Secretary of Defense issued a memorandum providing that careful consider be given to each and every petition brought regarding under other than honorable conditions discharge upgrade request by veterans claiming PTSD. He is a combat-decorated paratrooper/veteran with VA certified service connected disabilities, who has been awarded 30 percent disability for PTSD. He contends his misconduct was his way of coping with stress and insomnia caused by some of the missions he was assigned to carry out while deployed. His Summary Court-Martial was the first disciplinary offense in his four years of service. He was a good Soldier who received an Army Good Conduct Medal to prove it. In a memorandum dated 15 July 2016 the Chief of Behavioral Health at the Office of the Army Surgeon General opined that there was no documentation to indicate that the applicant met criteria for PTSD at the time of his separation or that the applicant was unable to perform his military duties. It was unlikely that his separation was related to PTSD. In a records review conducted at Arlington, VA on 31 August 2016, and by a 4-1 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (Drug Abuse) / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 8 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 April 2013 (2) Basis for Separation: The applicant wrongfully used marijuana in a hashish form while deployed to Afghanistan (between on or about 6 May 2012 and 15 June 2012). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 30 April 2013 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 16 May 2013 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 13 January 2009 / 4 years and 21 weeks b. Age at Enlistment/Education/GT Score: 20 / HS Graduate / 104 c. Highest Grade Achieved/MOS/Total Service: E-4 / 13F1P, Fire Support Specialist / 4 years, 3 months, and 23 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (21 March 2010 – 12 July 2010) and Afghanistan (18 March 2012 – 11 September 2012) f. Awards and Decorations: ARCOM, AGCM, ACM-CS, NDSM, GWTSM, ICM-CS, ASR, OSR, NATO Medal, CAB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Record of Trial by Summary Court-Martial, dated 20 July 2012, for wrongfully using marijuana in hashish form. The punishment consisted of a reduction to E-3, forfeiture of $1,321.00 pay, and hard labor for 45 days. i. Lost Time: 34 days (AWOL, 6 May 2013 – 8 June 2013) j. Diagnosed PTSD/TBI/Behavioral Health: Advisory opinion from the Office of the Surgeon General, Falls Church, VA, dated 15 July 2016, signed by LTC C.G.I., Chief, Behavioral Health Division. Department of Veterans Affairs Entitlements letter, dated 7 July 2014, reflects the applicant was assigned a 30 percent disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 with all exhibits, dated 25 March 2015; a self-authored statement; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has worked a full-time job, going to college, and getting good grades. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members’ discharges. “Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre-existing conditions which are determined not to have been incurred or aggravated while in military service.” “Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct.” 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s record of service, the documents and the issues submitted with the application were carefully reviewed. The record confirms the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The applicant contends that his discharge should be upgraded based on his PTSD, as noted in the documents from the Department of Veterans Affairs. The applicant’s contentions were noted; however, the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. Furthermore, evidence shows the Office of The Surgeon General was asked to determine if the applicant’s military separation was due to PTSD or any other behavioral health (BH) condition. The medical opine was based on the information provided by the record available in the DOD electronic medical record (AHLTA). It was determined there was no documentation to indicate the applicant met criteria for PTSD at the time of his separation or that he was unable to perform his military duties. Therefore, it was unlikely that his separation was related to PTSD. The applicant also contends his misconduct was his way of coping with stress and insomnia. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Also by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant’s generally good record of service was the basis for his receiving a general (under honorable conditions) discharge (GD) instead of the normal UOTHC discharge. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 31 August 2016, and by a 4-1 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214/Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police PTSD - Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150005439 1