1. Applicant's Name: a. Application Date: 7 October 2015 b. Date Received: 3 December 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 become a productive and upright member of society. He would like to believe that his preceding seven years of honorable service, with two tours of duty in Iraq and Afghanistan, would hold more weight towards his discharge status than the selfish mistake of one weekend. 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 applicant was a longtime alcohol user/abuser with episodes of severe intoxication; it appears that at least one of these intoxicated or disinhibited periods he used cocaine. The electronic medical records (AHLTA) were reviewed from March 2006 thru September 2013. Clinical notes reviewed from August 2006 thru July 2013. Radiology reports reviewed from February 2010 thru August 2013. Laboratory results reviewed from August 2005 thru June 2013. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes no VA medical record entries and no service connected rating. In a records review conducted at Arlington, VA on 22 February 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, his prior period of honorable service, and his post service accomplishments, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (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: 30 September 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 August 2013 (2) Basis for Separation: The applicant wrongfully used cocaine (between 22 April 2013 and 21 May 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 August 2013 (5) Administrative Separation Board: Conditionally waived, 5 August 2013, contingent upon him receiving a characterization of serve no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 May 2008 / 6 years b. Age at Enlistment / Education / GT Score: 25 / Associate's Degree / 127 c. Highest Grade Achieved / MOS / Total Service: E-5 / 68W10, Health Care Specialist / 8 years, 1 months, 7 days d. Prior Service / Characterizations: RA, 24 August 2005 to 28 May 2008 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (14 September 2006 to 13 November 2007) and Afghanistan (30 April 2012 to 20 January 2013) f. Awards and Decorations: ARCOM-3, AAM-2, AGCM-2, NDSM, ICM-2CS, ACM-CS, GWOTSM, NOPDR, ASR, OSR-3, NATO MDL g. Performance Ratings: 1 May 2009 thru 7 October 2011, Among The Best h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IR (Inspection Random), dated 21 May 2013, for cocaine. A negative counseling statement, dated 31 May 2013, for testing positive for cocaine. FG Article 15, dated 28 June 2013, for wrongful use of cocaine, a schedule II controlled substance (between 22 April 2013 and 21 May 2013). The punishment consisted of a reduction to E-4, forfeiture of $1,201 pay for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 July 2013, reflects the applicant was diagnosed with (Axis I) cocaine abuse. From a behavioral health perspective, the applicant met the medical fitness standards for retention per AR 40-501, paragraphs 3-31 to 3-37 as there is no indication of a boardable behavioral health disorder at this time. The applicant was cleared from a behavioral health perspective for administrative separation in accordance with 635-200. 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is enrolled at Seattle Central College and has continued his education in pursuit of being accepted to the University of Washington MEDEX program for Physician Assistants. He volunteers with StandUp for Kids Seattle, the local base for the nationwide program. He is also involved in the Student Veterans Association at Seattle Central College, where they offer support for fellow veteran students as well as educating them regarding their rightful benefits and performing fundraisers for homeless veterans. 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, the issues and documents 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 NCO. 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 since his discharge, he has become a productive and upright member of society. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant further contends, he would like to believe that his preceding seven years of honorable service, with two tours of duty in Iraq and Afghanistan, would hold more weight towards his discharge status than the selfish mistake of one weekend. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceedings were carefully considered. The applicant's post-service accomplishments have been noted as outlined on the application. 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 22 February 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, his prior period of honorable service, and his post service accomplishments, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20150018491 1