1. Applicant's Name: a. Application Date: 12 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 did not fail any drug tests and only said he had taken drugs so that he could get out. The applicant contends that he was young and not thinking at the time. Now he regrets what he said and is trying to get back into the Army. He simply hated being at Fort Irwin. Per the Board's Medical Officer, based on the information available for review at the time, the applicant is requesting an upgrade to his discharge, a change in the reason for discharge, and a change to his reenlistment code based on a variety of considerations, especially his immaturity at the time of his service from 2011 to 2013. The applicant's AHLTA diagnoses have included Adjustment Disorders, Depression, Alcohol Abuse, Episodic Cocaine Dependence, and Opioid Dependence, though by 2013, his substance use disorders were judged to be in remission. The applicant's use of drugs pre-dated his service in the Army and has apparently recurred since discharge. In an AHLTA note dated 17 August 2012, he told a provider that joining the Army was the "lesser of two evils" as he was going to be charged with selling drugs if he did not join. In an AHLTA note in October 2011, he told providers he had a history of using drugs in high school. Other concerning problems also exist. An AHLTA note of 31 January 2013 described the applicant as having been diagnosed by a neurologist with Complex Partial Seizure Disorder with Disturbance of Memory. In his Pre-Discharge Medical Exam on 15 February 2013, he was noted to have this diagnosis and because of its treatment had a temporary profile that was 311111. His pre-discharge Mental Status Examination diagnosed him as having an Adjustment Disorder, but indicated he knew right from wrong, could participate in administrative proceedings, and met Army Medical Retention Standards for Mental Health. His records also did not show evidence of a TBI during his service or of PTSD. Since leaving the Army, the JLV showed he had a psychiatric admission for depression from 29 January 2015 until 30 January 2015; however, no specific information was available, though a diagnosis of Major Depression Disorder in the records. On 1 February 2017, a VA provider made these pertinent observations: "Information gathered from the record and during this evaluation was suggestive of ADHD and substance use disorder, but there are also concerns for bipolar disorder. Personality traits appeared to be in the "Cluster B" realm, with statements and behaviors suggestive of antisocial and possibly narcissistic traits. At this time, there is insufficient information for a formal diagnosis of bipolar disorder and personality disorder to be made or fully ruled out. A full assessment of substance use was not conducted, though the patient appears to have most recently used methamphetamines in August 2016 and alcohol one month ago." Cluster B personality disorders include Narcissistic Personality Disorder, Antisocial Personality Disorder, and Borderline Personality disorder. These personality disorders tend to involve levels of emotional instability and level of self-concern that makes persons with them unsuited for military service, as would Bipolar Disorder and Complex Partial Seizure Disorder. Available evidence argues against a change in the re-enlistment code. Further, his behavioral health problems do NOT mitigate his drug-related misconduct during his service. In a records review conducted at Arlington, VA on 3 March 2017, 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: 16 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 April 2013 (2) Basis for Separation: The applicant admitted to using the following illegal drugs and or controlled substances: pain pills, zanex, marijuana, cocaine, and molly/ecstasy (6 February 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 April 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 April 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 February 2011 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 3 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Form for belief that he wrongfully used illegal substances. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 14 February 2013, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was experiencing mild behavioral health symptoms. He was diagnosed with (Axis I) Adjustment Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, DD Form 293 and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 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, 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 be retained on active duty. The applicant contends that he was young and immature and he only admitted to using drugs to get out the Army. 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. Further, 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 desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 3 March 2017, 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 / 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 AR20150019274 4