1. Applicant's Name: a. Application Date: 10 November 2015 b. Date Received: 17 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 is in need of his educational benefits to conduct his education. The applicant states that his alleged error does not merit his loss of his G.I. Bill and that he believes that the three years he served were honorable until he had marital problems and PTSD after his deployment, which caused him to do marijuana. Consequently, the applicant contends, that he lost his family, he got a divorce, and he has PTSD. The applicant is enrolled in Texas A&M University - Kingsville as a full time student and is squeaky clean, but he is having problems financially as a student and paying child support, which is the main reason why he needs his G.I. bill. 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. EPTS (existed prior to service) childhood and adolescent psychosocial, polysubstance abuse and behavioral issues. The electronic medical records (AHLTA) were reviewed with clinical encounters from September 2009 thru August 2012. Clinical notes reviewed from May 2010 thru July 2012. Laboratory results reviewed from September 2009 thru July 2012. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 23 problems (three VA entered) including temporomandibular joint disease, knee pain and low back pain. The Veterans Affairs has service-connected the applicant at 70 percent overall) (PTSD at 70 percent; scars at 0). In a personal appearance hearing conducted at San Antonio, TX on 23 March 2017, and by a 5- 0 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, and his personal testimony, severe family matters (i.e. divorce and infidelity), and post service accomplishments (i.e. five years employment and VA PTSD 70 percent), and as a result it is now 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 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 24 September 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 August 2012 (2) Basis for Separation: The applicant wrongfully used marijuana (on or about 22 April 2012 and 22 May 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 August 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 September 2009 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 3 years, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (16 June 2010 to 1 August 2011) f. Awards and Decorations: ACM-CS, VUA, GWOTSM, ASR, OSR, NATOMDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 17 March 2012, for wrongfully using marijuana (between on or about 14 February 2012 and 13 March 2012). The punishment consisted of reduction to E-1, forfeiture of $745 pay per month for one month (suspended), extra duty and restriction for 45 days, and an oral reprimand. Electronic copy of the DD Form 2624, dated 1 June 2012, reflects the applicant tested positive for marijuana during an Inspection Random (IR) urinalysis testing conducted on 22 May 2012. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 13 June 2012, reflects the applicant had a clear and normal thought process and was mentally responsible. The applicant was diagnosed with (Axis I) Cannabis Abuse, Adjustment Disorder with Mixed Emotional Features. The applicant was screened for PTSD, which resulted in a negative reading. It was also noted that the applicant reported some PTSD symptoms, but does not screen positively or meet full criteria for PTSD diagnosis. Report of Medical History, dated 16 May 2012, noted the applicant went to Cumberland Hall on 28 March - 11 April 2012 for depression, anxiety, and suicide thoughts. Report of Medical Assessment, dated 16 May 2012, noted the applicant went to Cumberland Hall for mental instability after his deployment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; and Academic Transcript. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is enrolled in Texas A&M University - Kingsville as a full time student and is squeaky clean. 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 contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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 applicant contends that his alleged error that led to his discharge does not merit the loss of his G.I. Bill. However, the record reflects the applicant signed a Memorandum For Record, dated 10 May 2012, Subject: Mandatory Pre-Chapter G.I. Bill Benefits Counseling/Briefing, which he confirmed receiving counseling on Veterans' Educational Benefits and that he understood that he must receive a FULLY HONORABLE DISCHARGE and meet minimum time in service requirements to be eligible to receive Department of Veterans Affairs (DVA) educational benefits. The applicant contends that he had good service, which includes a deployment to Afghanistan. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant contends that, in addition to his PTSD, he had marital problems, which caused him to use marijuana. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he has PTSD from his deployment. However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant's service record contains documentation that reflects a diagnosis of adjustment disorder; 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 13 June 2012, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, was able to recognize right from wrong, and he knew the difference between what was right and wrong as indicated by the mental status evaluation. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization 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 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. b. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at San Antonio, TX on 23 March 2017, and by a 5-0 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, and his personal testimony, severe family matters (i.e. divorce and infidelity), and post service accomplishments (i.e. five years employment and VA PTSD 70 percent), and as a result it is now 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. 11. 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 AR20150018590 1