1. Applicant’s Name: a. Application Date: 23 June 2015 b. Date Received: 6 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, she was discharged for failing a drug test. The applicant contends that she has had many struggles with being an addict over the years, but she has successfully completed a drug treatment program. She is sober, clean, and living a productive life now. She hopes the Board understands that addiction is a disease, which she has to treat on a daily basis. Because she does not want to die from the disease, she attends addiction meetings daily and works with a sponsor. She is active in her community and loves her life now that she is clean. 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 which led to her separation from the Amy. The Active Duty electronic medical records were reviewed. In a records review conducted at Arlington, VA on 31 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 / Chapter 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 23 February 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 January 2007 (2) Basis for Separation: The applicant tested positive for cocaine (21 June 2005). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 8 January 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 5 February 2007 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 22 September 2004 / 3 years, 26 weeks b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 100 c. Highest Grade Achieved/MOS/Total Service: E-2 / 63H10, Tracked Vehicle Mechanic / 2 years, 5 months, and 2 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, GWTSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 5 August 2005, for wrongfully using cocaine (between on or about 18 June 2005 and 21 June 2005). The punishment consisted of a reduction to E-1, forfeiture of $617.00 pay per month for two months, extra duty for 45 days, restriction for 45 days (suspended), and an oral admonition. CG Article 15, dated 26 September 2006, for being derelict in the performance of her duties by negligently failing to stay awake while guarding an arms room (11 June 2006) and for wrongfully and willfully discharge a firearm at or near a building, under circumstances such as to endanger human life (16 June 2006). The punishment consisted of forfeiture of $59.00 pay, extra duty and restriction for 14 days, and an oral reprimand. DA Form 2807-1 (Report of Medical History), dated 2 November 2006, reflects the applicant indicated in block 17h as having attempted suicide. In block 31, the applicant reported as having severe anxiety from stress at work and given anti-depressants. DA Forms 3822 (Report of Mental Status Evaluation), dated 29 November 2006, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could distinguish right from wrong and possesses sufficient mental capacity to participate in administrative and judicial proceedings. Numerous DA Forms 4856 (Developmental Counseling), dated between 6 July 2005 and 1 December 2006, for: Missed formation; sleeping on duty; negligent discharge; positive urinalysis; and, intent to separate from service. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 23 June 2015, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant successfully completed a drug treatment program, attends addiction meetings daily, and works with a sponsor. She is active in her community. 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 her general, under honorable conditions discharge to honorable. The applicant’s record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant’s discharge was appropriate because the quality of her 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, 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 marred the quality of her service. 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 her medical condition (addiction) contributed to her discharge from the Army. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 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 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 AR20150011577 1