1. APPLICANT’S NAME: a. Application Date: 20 November 2015 b. Date Received: 3 December 2015 c. Counsel: Yes 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant contends, his discharge was inequitable because it was based on an isolated incident in over 41 months of service. The day after he first used illegal drugs, he tested positive on a urinalysis. Prior to this incident, while still underage, he picked up a drinking habit from his roommate. Later, during his first combat deployment, he witnessed his best friend’s death. After his friend’s death, he became despondent and suicidal. He believed no one cared and was tired of having nightmares, depression and anxiety and just wanted to die. As a result, he drank and took drugs for the first time in attempt to kill himself. The next day, during a urinalysis, he tested positive. He states, during this period, he believes he was not in his right mind and would have done anything to escape the symptoms of his mental health. He felt alone and detached from his unit, whom had no time for his problems. He was denied help when he needed it most and was discharged for a one-time drug use, on the same day he was due to re-enlist. Per the Board's Medical Officer, the applicant has a diagnosis of Post Traumatic Stress Disorder with a compensating rating from the VA. Although there is no diagnosis of PTSD in the Active Duty electronic medical records, it is possible that the applicant was experiencing PTSD which had not been diagnosed or which was subclinical. Because PTSD can be associated with self-medication and/or use of illicit drugs, it is possible that there was a nexus between this applicant's misconduct and the behavioral health condition. In a records review conducted at Arlington, VA on 11 April 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 (Drug Abuse) / AR 635-200 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 29 May 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 May 2008 (2) Basis for Separation: The applicant tested positive for cocaine and methamphetamines (22 April 2008). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 27 May 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 29 May 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 29 December 2004 / 3 years, 22 weeks b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 111 c. Highest Grade Achieved/MOS/Total Service: E-4 / 63J10, QM & Chemical Equipment Repair / 3 years, 5 months, 29 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (1 October 2006 - 2 October 2007) f. Awards and Decorations: AGCM, NDSM, GWTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Results of an inspection unit testing (IU), dated 2 May 2008, shows the applicant tested positive for COC: 210; DMETH: 781 (cocaine and D-methamphetamine). Mental Status Evaluation, dated 12 May 2008, shows the applicant was cleared for any administrative actions determined appropriate by the command. The applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in any administrative proceedings. Developmental Counseling Statement, dated 15 May 2008, the applicant was informed separation proceedings were being initiated against him for wrongfully using a controlled substance. A letter from the applicant’s defense counsel, dated 27 May 2008, stated, in pertinent part, the applicant was caught in possession of alcohol while serving in Iraq. FG Article 15, dated 28 May 2008, for wrongfully using cocaine and methamphetamines, (between 16 April 2008 and 22 April 2008). The punishment consisted of a reduction to E-1; forfeiture of $673.00 pay per month for two months, and extra duty and restriction for 45 days. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: The applicant provided a copy of his VA decision letter, dated 22 February 2016, which shows, in pertinent part, the applicant was rated 100 percent for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; three letters of support; and two VA Disability Rating letters. 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 rehabilitation is impractical or unlikely to succeed. Army policy states 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). 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 ISSUE(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a narrative reason change. 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 special 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, which ultimately caused his discharge from the Army. The applicant desires a change in the reason for the discharge. However, the appropriate SPD code and reason to assign enlisted Soldiers who are discharged for drug offenses is “JKK” and the RE code is 4. The regulation further stipulates no deviation is authorized. The applicant contends, the VA has granted him a service connected disability for PTSD. The applicant provided a copy of his VA decision letter, which shows the applicant was rated at 100 percent for PTSD. However, a careful review of the entire record reveals this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows on 12 May 2008, 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. It appears the applicant’s chain of command determined at the time, although he was suffering from PTSD, he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends, the incident which caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends, he was denied help when he needed it most and was simply discharged. He provided letters of support from former members of his unit to support his contention. However, 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 third party statements provided with the application speak highly of the applicant’s performance. They all recognize his good work ethic while in the Army. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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. 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 11 April 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 Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge 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 IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018579 1