1. Applicant’s Name: a. Application Date: 8 June 2015 b. Date Received: 15 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, he is trying to better himself by getting a job and his discharge prevents him because of what is annotated on the DD Form 214. The applicant states that he made mistakes and learned from them and that not a day goes by that he wishes he was still in the military. 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 diagnoses for the offenses which led to his separation from the Army. The Active Duty electronic medical records were reviewed. In a records review conducted at Arlington, VA on 26 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 / Under Other Than Honorable Conditions b. Date of Discharge: 22 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 April 2013 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; wrongfully used hydrocodone and hydromorphone; AWOL (from 14 January 2013 until apprehended 13 February 2013); failed to report to his assigned place of duty; and disrespectful to noncommissioned officers on diverse occasions. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 2 March 2013 (5) Administrative Separation Board: Waived, 2 May 2013 (6) Separation Decision Date/Characterization: 17 May 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 21 December 2011 / 4 years b. Age at Enlistment/Education/GT Score: 23 / HS Graduate / 102 c. Highest Grade Achieved/MOS/Total Service: E-4 / 88M10, Motor Transport Operator / 4 years, 1 month, and 4 days d. Prior Service/Characterizations: RA, 25 February 2009 - 20 December 2011 / HD e. Overseas Service/Combat Service: SWA / Afghanistan (26 February 2011 - 8 January 2012) f. Awards and Decorations: ARCOM, AGCM, NDSM, ACM-2CS, GWTSM, ASR, CAB, NATO Medal g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Electronic copy of the DD Form 2624, dated 16 October 2012, reflects the applicant tested positive for hydrocodone, hydromorphone, oxycodone and oxymorphone during an Inspection Random (IR) urinalysis testing conducted on 3 October 2012. Four DA Forms 4187 (Personnel Action), dated between 4 February 2013 and 28 February 2013, reflect the applicant’s duty status changed as follows: From “Present for Duty” to “Absent Without Leave (AWOL),” effective 14 January 2013 From “AWOL” to “Civilian Confinement,” effective 13 February 2013 From “Civilian Confinement” to “Military Custody,” effective 26 February 2013 From “Military Control” to “Present for Duty,” effective 28 February 2013 DD Form 458 (Charge Sheet), dated 7 March 2013, reflects the applicant was charged with violation of the UCMJ, Articles 86 and 112a. Summary Court-Martial, dated 28 March 2013; he was found guilty of, absenting himself from his unit without authority (from 14 January 2013 until he was apprehended on 13 February 2013), wrongfully use hydrocodone (between 1 October 2012 and 3 October 2012), and wrongfully use hydromorphone (between 1 October 2012 and 3 October 2012). He was sentenced to a reduction to E-1, forfeiture of $768.00 pay for one month, and confinement for one month. The applicant received numerous negative counseling statements for various acts of misconduct and being recommended for separation. i. Lost Time: 44 days (AWOL, 14 January 2013 - 27 February 2013), 9 days (Military Confinement, 28 March 2013-7 April 2013 j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822 (Report of Mental Status Evaluation), dated 6 December 2012, reflects the applicant was diagnosed with (Axis I) Adjustment Disorder. The applicant was screened for PTSD and for mTBI. His PTSD screen was negative and the mTBI screen was positive. He was cleared for all administrative proceedings for chapter 14-12c. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 8 June 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. 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. 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant’s record of service, and the issues 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 a general, under honorable conditions or 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 contends that he is trying to better himself by getting a job. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 26 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/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 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010630 1