1. Applicant’s Name: a. Application Date: 18 May 2015 b. Date Received: 26 May 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 and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he did not know how to handle the stress of his fiancé being deployed to Afghanistan and was not sure how to handle the situation. He took to an illegal substance that changed his life. The applicant sought help from a therapist, who noted that he suffered from sleepless nights and anxiety. His new command was quick to discharge him instead of helping to find a better way to cope with his issues and emotions. He would like an upgrade to help better his future. Since being discharged from the Army, he has gotten the help needed to become a better person. His discharge was a mistake that he is hoping to be forgiven for. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offense (testing positive for marijuana). The Active Duty electronic medical records were reviewed and revealed diagnoses of Alcohol and Substance Abuse. The behavioral health conditions were not a mitigating factor for misconduct that led to the separation action of the respondent from the Army. In a records review conducted at Arlington, VA on 3 August 2016, and by a 5-0 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: 16 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 August 2013 (2) Basis for Separation: The applicant tested positive for marijuana (21 May 2013). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 28 August 2013 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 20 September 2013 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 23 August 2010 / 4 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 108 c. Highest Grade Achieved/MOS/Total Service: E-4 / 68W10, Health Care Specialist / 3 years, 1 month, and 24 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Germany f. Awards and Decorations: AAM, NDSM, GWTSM, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Electronic copy of the DD Form 2624, dated 31 May 2013, reflects the applicant tested positive for marijuana during an Inspection Other (IO) urinalysis testing conducted on 21 May 2013. FG Article 15, dated 8 July 2013, for wrongfully using marijuana (between on or about 21 April 2013 and 21 May 2013). The punishment consisted of a reduction to E-1, forfeiture of one half month pay for two months, and 45 days of extra duty and restriction. The applicant received several negative counseling statements for various acts of misconduct and the pending separation action. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822 (Report of Mental Status Evaluation), dated 30 July 2013, reflects the applicant was diagnosed with (Axis I) Alcohol Abuse as per ASAP 305.00 and (Axis II) Deferred 799.9 rule out Antisocial Personality Disorder. The applicant has a long pattern of disrespect for authority and this pattern does not appear to be related to any psychiatric or personality disorders. The applicant was psychologically fit for full duty, including worldwide deployment. He fully understands the AR 635-200, Chapter 14 procedure and its potential consequences to his career. He is fully competent to undergo any administrative proceedings. DA Form 3822 (Report of Mental Status Evaluation), dated 31 July 2013, reflects the applicant was diagnosed with (Axis I) Alcohol Abuse (per ASAP evaluation). DD Form 2807-1 (Report of Medical History), dated 30 July 2013, shows the applicant was dealing with insomnia for 4 months and the inability to control anger/mood swings for an undetermined period of time. DD Form 2808 (Report of Medical Examination), dated 13 August 2013, shows the applicant was diagnosed with alcohol abuse and substance abuse. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 18 May 2015; DD Form 214; and a letter from Director, Case Management Division. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 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. 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. 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 14-12c(2), misconduct (drug abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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.” 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant’s available record of service, the issues and document submitted with his 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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 at the time of his separation. 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 requests a change to the narrative reason for separation. 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). The regulation further stipulates that no deviation is authorized. The applicant contends that he did not know how to handle the stress of his fiancé being deployed to Afghanistan, so he took to an illegal substance that changed his life. 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. The applicant further contends, a therapist noted that he suffered from sleepless nights and anxiety. The service record contains no evidence of an insomnia or anxiety diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends that his new command was quick to discharge him instead of helping to find a better way to cope with his issues and emotions. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant would like an upgrade to his discharge to help better his future. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Moreover, the applicant contends, since being discharged from the Army he has gotten the help needed to become a better person. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. Lastly, the applicant contends, his discharge was a mistake that he is hoping to be forgiven for. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 3 August 2016, and by a 5-0 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: 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: NA 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 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150009375 5