1. Applicant’s Name: a. Application Date: 16 October 2016 b. Date Received: 2 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from general (under honorable conditions) to honorable. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would provide him medical benefits. He had fractured his right hip during training while on active duty. That injury is progressively getting worst—he can barely walk and uses a cane to assist himself. When it was determined he had a fracture hip, including a bad case of hip displacement, he was deemed non-deployable and was scheduled for hip surgery. Prior to the scheduled surgery, he started misbehaving and was discharged with no medical benefits. He was young, injured, and was left on nearly an empty base with no leadership guidance. He fell into a depression after watching his battle buddies deploy. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has no mitigating medical or behavioral health conditions for the offense, wrongful use of marijuana. There were no encounters for the applicant in the Active Duty electronic medical records. In a records review hearing conducted at Arlington, VA on 6 June 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 / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 23 June 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 May 2003 (2) Basis for Separation: The applicant was informed the reason for initiating an action to separate him was for wrongfully using marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) discharge (4) Legal Consultation Date: 2 June 2003 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 6 June 2003 / General (Under Honorable Conditions) discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 2 July 2002 / 4 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 117 c. Highest Grade Achieved/MOS/Total Service: E-2 / 11B1P, Infantryman / 11 months, 22 days d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Negative counseling statement for wrongfully using marijuana. FG Article 15, dated 7 May 2003, for wrongfully using marijuana between 3 February 2003 and 3 March 2003. The punishment consisted of a reduction to E-1, forfeiture of $575 per month for two months (one month of forfeiture suspended), and 45 days of extra duty and restriction. Report of Mental Status Evaluation, dated 12 May 2003, indicates a diagnosis of “Axis I: Cannabis Abuse; Occupational/ Military/Legal Problems.” i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and medical examination letter, dated 23 March 2015. 6. POST SERVICE ACCOMPLISHMENTS: None. 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, by implication provided the same guidance to the Service Discharge Review Boards whose decisions are reviewable by the Service Correction Boards. That memorandum provided PTSD or PTSD-related conditions "will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service." However, the memorandum also states, "Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of under 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 the 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 the characterization of his discharge from general (under honorable conditions) to honorable. The applicant’s record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 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. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends that an upgrade of his discharge would allow him to obtain medical benefits. However, eligibility for veterans’ benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: Per the Board's Medical Officer, based on the information available for review at the time, the applicant has no mitigating medical or behavioral health conditions for the offense, wrongful use of marijuana. There were no encounters for the applicant in the Active Duty electronic medical records. In a records review hearing conducted at Arlington, VA on 6 June 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: 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: 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 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150017625 1