1. Applicant's Name: a. Application Date: 1 September 2015 b. Date Received: 26 October 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, his discharge was unjust due to research and recently discovered medical uses that educated the American People on the benefits of cannabis. His reduction in rank was erroneous. Per the Board's Medical Officer, based on the information currently available, the applicant has a Behavioral Health Condition which is mitigating for the offenses leading to his discharge from the Army. The applicant has both an in-service and a VA diagnosis of PTSD. As PTSD is associated with the use of illicit substances for self-medication of symptoms, there is likely a nexus between the applicant's PTSD and the offense resulting in his discharge from the military. Both the military electronic medical record and the VA electronic medical record were reviewed. In a records review conducted at Arlington, VA on 10 February 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. in-service and post-service diagnosis of PTSD and 70 percent PTSD rating) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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: 31 August 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 July 2012 (2) Basis for Separation: The applicant wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 July 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 August 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 December 2010 / 3 years b. Age at Enlistment / Education / GT Score: 22 / GED / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 3 years, 6 months, 26 days d. Prior Service / Characterizations: RA, 6 February 2009 to 13 December 2010 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (25 July 2010 to 9 July 2011) f. Awards and Decorations: ARCOM-2, AAM-3, MUC, AGCM, NDSM, ACM-2CS, GWOTSM, ASR, OSR, NATOMDL, CMB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 4 January 2012, reflects the applicant tested positive for marijuana during a Competence for Duty/Command Direct/Fitness for duty (CO) urinalysis testing conducted on 24 November 2011. CID Report of Investigation, dated 23 January 2012, reflects the applicant was under investigation for testing positive for THC. Memorandum for Record, dated 19 March 2012, Subject: UA, written by the commander, outlines the chain of events that led the Battery to conduct a probable cause UA on the applicant. The memorandum confirms the UA paperwork was incorrectly coded as "CO" for Competence for Duty/Command Direct/Fitness for duty, rather than the intended code of "PO" for Probable Cause. FG Article 15, dated 3 April 2012, for wrongful use of marijuana (between 25 October 2011 and 24 November 2012). The punishment consisted of a reduction to E-3, forfeiture of $990 pay for two months (suspended), and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 18 April 2012, reflects the applicant was diagnosed with (Axis I) PTSD (per history); alcohol dependence with psychological dependence (per history). Although he carries a diagnosis of PTSD per his electronic medical records, during evaluation he did not endorse sufficient symptoms to meet full diagnostic criteria for PTSD. He was considered competent to undergo any administrative action command deem necessary. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 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." 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 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 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, such that he should have been retained on Active Duty. The applicant contends that his discharge was unjust due to research and recently discovered medical uses that educated the American People on the benefits of cannabis. Although many states have approved marijuana for medical use and legalized the sale of it; however, the US Army does not condone the use or sale of marijuana and considers it a Class 1 controlled substance. The applicant further contends, his reduction in rank was erroneous. The applicant was reduced in rank for wrongful use of marijuana as part of his punishment for violating the Army's Drug Abuse Policy. The applicant's service record contains a DD Form 2624 (Specimen Custody Document for Drug Testing) that shows the urinalysis test was coded CO which indicates "Competence for Duty/Command Direct/Fitness for duty." The Limited Use Policy applies to this test basis, per AR 600-85. However, the evidence of record contains a memorandum for record that indicates the applicant and other Soldiers were stopped by a police officer and suspected of smoking marijuana. Due to the small quantity and the fact that it was Thanksgiving, the police officer released the applicant to his platoon NCO leadership. Due to the nature of the incident, the battery decided to conduct a probable cause test on the applicant. This gave the unit commander probable cause to direct the urinalysis. In view of the aforementioned, it appears the CO code used on the DD Form 2624 was in all likelihood incorrect and should have been coded PO for "Probable Cause" instead of CO for "Competence for Duty." If this was in fact a harmless error, then the rights of the applicant were not prejudiced by the error on file in this case. The evidence in the record did not create a substantial doubt that the discharge would have been any different if the error had not been made. 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 10 February 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. in-service and post-service diagnosis of PTSD and 70 percent PTSD rating) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / Change to RE code to 3 f. Restore Grade to: No Change Authenticating Official: 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 AR20150017281 1