1. Applicant’s Name: a. Application Date: 31 March 2015 b. Date Received: 29 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. The applicant seeks relief contending, in effect, time has passed since his discharge and now he would like to see if he could get his discharge upgraded because serving in the military was a lifelong goal for him. He contends that most of the traditions he was taught in the military he still tries to live by today. Being a veteran, while caring for the traditions today, is one reason why he would like to carry alone a reviewed discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a behavioral health condition which was likely mitigating for his offense of cocaine use. According to electronic medical records, the applicant was diagnosed with Schizoaffective Disorder, Depressive Type October 2011. The applicant completed full neuropsychological testing. Records also indicated applicant met full criteria for Major Depressive Disorder (MDD) and Substance-Induced Mood Disorder while on Active Duty. October 2011 inpatient hospitalization for 3 weeks for psychotic and depressive symptoms. ASAP treatment November 2011. PEB, dated 26 June 2012, recommended 50 percent disability. Because these conditions can be associated with illicit drug use for self-medication, there was likely a nexus between the applicant’s cocaine use and his Schizoaffective Disorder, Depressive Type. In a records review conducted at Arlington, VA on 5 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: 20 July 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 June 2012 (2) Basis for Separation: The applicant used cocaine (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 14 June 2012 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 5 July 2012 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 15 January 2008 / 6 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 121 c. Highest Grade Achieved/MOS/Total Service: E-4 / 25P10, Microwave Systems Operator-Maintainer / 4 years, 6 months, and 6 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: ASUA, NDSM, GWTSM, KDSM, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: NIF; however, the unit commander’s recommendation memorandum indicates the applicant received a General Officer Memorandum of Reprimand, dated 18 February 2011, for driving under the influence (DUI). A negative counseling statement, dated 29 February 2012, for testing positive for cocaine during a urinalysis conduct on 10 February 2012. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None; however, DA Form 18 (Revised Physical Evaluation Board (PEB) Proceedings), dated 26 June 2012, reflect that the applicant was recommended 50 percent disability for Schizoaffective Disorder, Depressive Type. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 31 March 2015, and DD Form 214. 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. 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 seeks relief contending, time has passed since his discharge; therefore, would like his discharge upgraded. However, the US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. 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 character of the applicant’s discharge is commensurate with his overall service record. 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 5 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 AR20150009492 4