1. Applicant’s Name: a. Application Date: 29 June 2015 b. Date Received: 2 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he has PTSD from his service in Iraq in 2003 and that the circumstances of his discharge were unjust. He served honorably throughout the deployment and his tenure with the scouts. 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 mitigating for some but not all of the offenses which led to his separation from the Army. Records reviewed included the VA Initial Post Traumatic Stress Disorder Disability Benefits Questionnaire (a questionnaire administered by licensed, credentialed mental health providers) and the military’s electronic medical records. The VA PTSD Questionnaire states that the applicant has a diagnosis of PTSD that conforms to DSM-5 from his time in service. The military electronic medical records contain no information regarding the applicant. Because the diagnosis of PTSD can be associated with the use of illicit drugs and/or alcohol for self-medication, there is a likely nexus between the applicant’s illicit cocaine use and underage alcohol use/violation of open container law/driving under the influence and his PTSD. PTSD is seen as a mitigating factor with regards to these offenses. In a records review conducted at Arlington, VA on 9 September 2016, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length of his service, to include his combat service, and the circumstances surrounding the discharge (i.e. combat-related PTSD diagnosis). Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 21 January 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 October 2004 (2) Basis for Separation: The applicant wrongfully used and possessed cocaine (3 August 2004) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 19 October 2004 (5) Administrative Separation Board: Unconditionally Waived, 19 October 2004 (6) Separation Decision Date/Characterization: 10 January 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 5 July 2001 / 4 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 110 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 3 years, 6 months, and 17 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Kuwait/Iraq (3 March 2003 - 13 February 2004) f. Awards and Decorations: NDSM, GWTEM, GWTSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 7 March 2006, for wrongfully possessing approximately 3.5 grams cocaine (3 August 2004) and wrongfully using cocaine (3 August 2004). The punishment consisted of a reduction to E-1; forfeiture of $713.00 pay for two months, forfeiture of $596.00 pay for two months, and extra duty and restriction for 45 days. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Initial PTSD Disability Benefits Questionnaire, dated 1 August 2015, reflects the applicant had a diagnosis of chronic PTSD, with associated panic attacks, depression and alcohol abuse. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 29 June 2015; DD Form 214; Initial PTSD Disability Benefits Questionnaire (nine pages); DA Form 4187 (Personnel Action); two certificates of training; Your Views news article; and a support statement. 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 requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant’s record of service, the issues and documents 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 has PTSD from his service in Iraq in 2003. The applicant provided his Initial PTSD Disability Benefits Questionnaire, which relates the applicant had a diagnosis of chronic PTSD, with associated panic attacks, depression and alcohol abuse. The applicant further contends that the circumstances of his discharge were unjust. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant contends that he served honorably throughout the deployment and his tenure with the scouts. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. 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 9 September 2016, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length of his service, to include his combat service, and the circumstances surrounding the discharge (i.e. combat-related PTSD diagnosis). Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General (Under Honorable Conditions) 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150011431 5