1. Applicant's Name: a. Application Date: 15 November 2015 b. Date Received: 27 November 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, he suffered and continues to suffer from PTSD, which was a result from his tour in Afghanistan. The applicant understands he made poor choices after he returned from combat, he deeply regrets making those mistakes, and wishes to improve his life and continue with his recovery. He was assigned a 60 percent disability for his combat-related injuries and mental state. The applicant states that he has worked very hard to improve his health through therapy and the support of his family. It is his wish to be physically and mentally healthy enough to discontinue [sic] his disability through the Army. The applicant states that an upgrade is an essential step toward reaching his goal with moving on with his life and enrolling in school. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters between January 2010 and February 2012. No clinical notes. Laboratory results reviewed from January 2010 thru November 2011 (medical urine drug screen negative on 18 November). Radiology Reports reviewed between January 2010 and August 2011. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 38 problems (21 VA entered) including PTSD, major depression, insomnia, headache, shoulder pain, back and knee pain, alcohol and cannabis dependence, and others. The Veterans Affairs has service-connected the applicant at 60 percent overall. In a records review conducted at Arlington, VA on 15 March 2017, and by a 3-2 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: 8 March 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 February 2012 (2) Basis for Separation: The applicant was informed of the following reasons: Tested positive for cocaine (30 August 2011); and, AWOL (25 October 2011 to 9 November 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 9 February 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 February 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 January 2010 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 1 month, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (21 August 2010 to 27 July 2011) f. Awards and Decorations: ARCOM, NATOMDL, ACM-2CS, GWOTSM, ASR, OSR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 12 September 2011, reflects the applicant tested positive for cocaine during an Inspection Unit (IU) urinalysis testing conducted on 30 August 2011. FG Article 15, dated 22 November 2011, for wrongfully using cocaine, a schedule II controlled substance. The punishment consisted of a reduction to E-1, forfeiture of $733 pay per month for two months, and 45 days of extra duty and restriction. Two Personnel Action forms, dated 26 October and 9 November 2011, reflect the applicant's duty status changed from "Present for Duty (PDY)" to "AWOL," effective 25 October 2011, and from "AWOL" to "PDY," effective 9 November 2011. The applicant received counseling statements for his acts of misconduct, as well as informing him of the initiation of separation proceedings. i. Lost Time / Mode of Return: 15 days (AWOL, 25 October 2011 to 9 November 2011) / applicant returned to unit. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 10 January 2012, reflects the applicant had a clear and normal thought process and was mentally responsible. The applicant was diagnosed with (Axis I) Substance Use Disorder by History. The applicant was psychiatrically cleared for Chapter 14-12 consideration per his command. VA Medical Records, Progress Notes (page 163), reflect the applicant was diagnosed (based on criteria from DSM-5) with PTSD, Alcohol Use, Nicotine Use Disorder, K2 Use Disorder (currently in partial remission), Major Depressive Disorder Vs Substance Induced Mood Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and VA Medical Records (>665 pages) 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(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." 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 issues and documents submitted with his application were carefully reviewed. 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 marred the quality of his 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, such that he should have been retained. The applicant has been assigned a 60 percent disability for his combat-related injuries and mental state by the Veterans Affairs, which was a result from his tour in Afghanistan. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 10 January 2012, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. The applicant contends that he has worked very hard to improve his health through therapy and the support of his family. The Army Discharge Review Board is authorized to consider post- service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant contends that an upgrade is an essential step toward reaching his goal with moving on with his life and enrolling in school. However, the Board does not grant relief for the purpose of enhancing employment opportunities. Furthermore, eligibility for veteran's 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: In a records review conducted at Arlington, VA on 15 March 2017, and by a 3-2 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: 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 AR20150018458 5