1. Applicant’s Name: a. Application Date: 15 July 2015 b. Date Received: 20 July 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, since his discharge, he has been under the care of the Department of Veterans Affairs for PTSD, insomnia, and other health concerns, all of which were a result of his deployment to Iraq in 2009. His marijuana was an attempt to self-medicate for the PTSD symptoms. Per the Board’s Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had no mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. On Mental Status Exam dated January 2011, the applicant was psychiatrically cleared for PTSD but not for TBI, which required further evaluation. VA records are incomplete. Diagnosis of PTSD by history is noted in VA records; however, basis of PTSD diagnosis, symptoms, and its relation to military service are not noted. Records further indicate that applicant continues to use drugs (meth daily/marijuana every other day) and is a runner. There is no indication that drugs are used to self-medicate PTSD symptoms. In a records review conducted at Arlington, VA on 28 September 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 17 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 April 2011 (2) Basis for Separation: The applicant wrongfully possessed drug paraphernalia (9 December 2010). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 11 April 2011 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 28 April 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 4 September 2008 / 3 years and 17 weeks b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 95 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 2 years, 9 months, and 14 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (15 September 2009 to 1 September 2010) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Military Police Report, dated 9 December 2010, reflects the applicant was the subject of an investigation for wrongful possession of a controlled substance (marijuana), wrongful possession of drug paraphernalia, and failure to obey a written order or regulation (pep spice) DA Form 3822 (Report of Mental Status Evaluation), dated 28 January 2011, reflects the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in any administrative proceedings. The applicant was evaluated for symptoms of PTSD and TBI. The applicant did not exhibit PTSD or any other mental health disorder that would require a medical evaluation board through behavioral health. However, he did require further evaluation by the TBI clinic for TBI related concerns. While he was cleared for administrative actions deemed appropriated by his command from a behavioral health perspective the applicant required further evaluation and clearance from TBI. Two DA Forms 4856 (Developmental Counseling), dated 1 February 2011 and 11 March 2011, for possession of marijuana, drug paraphernalia, and possession of spice, and initiation of separation action under the provisions of Chapter 14-12c i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Department of Veterans Affairs medical documents, dated 4 June 2013, reflects the applicant suffers with cyclothymic disorder, alcohol abuse, and post-traumatic stress disorder. It was also noted the applicant was diagnosed between 26 June 2015 and 30 June 2015, with (Axis I) Polysubstance Dependence; PTSD by hx; Mixed Bipolar Affective Disorder, moderate and (Axis II) Antisocial Personality Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 149, dated 15 July 2015; and Department of Veterans Affairs medical documents, dated 4 June 2013 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 contends his marijuana use was an attempt to self-medicate for the PTSD symptoms he was suffering with and that he has since been receiving treatment the VA. The applicant’s contentions were noted; however, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. Evidence in the records shows on 28 January 2011, the applicant was evaluated for symptoms of PTSD and TBI. The applicant did not exhibit PTSD or any other mental health disorder that would require a medical evaluation board through behavioral health. The independent documents submitted by the applicant which reflect the VA has diagnosed the applicant as suffering with PTSD were also noted. However, the documents do not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The applicant 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 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 28 September 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 NCO – Noncommissioned Officer 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 NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150012549 5