1. Applicant's Name: a. Application Date: 10 December 2015 b. Date Received: 17 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, his current discharge causes his employment potential as slim to none and receiving medical attention from the VA is not an option. The applicant states that presumption of regularity does not apply in his case. Furthermore, his conduct and efficiency in completing missions, teamwork, and motivation were good, his promotions, his awards, and the fact that he reenlisted are indicative of his honorable service. Since his discharge, he has been a good citizen. While in service, using cocaine was wrong, but it was his coping mechanism. The applicant cited several issues that created his phobias and psychiatric issues that caused him to drink and smoke cigarettes/marijuana excessively, which also impaired his ability to serve and adapt when reintegrating after his deployment. He wanted and tried to get help for his addiction; however, the applicant alleges that his command's main focus was to ensure he completed his extra duty and to discharge him. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has interlaced various considerations to suggest that a mental-condition led to him to receive an unfair discharge Under Other Than Honorable Conditions for use of cocaine. Neither the materials provided by the applicant, in AHLTA or the JLV showed any mental health diagnoses other than insomnia and sleep disturbances, problems that are scarcely unheard of in persons using cocaine. Based on available records, there is no behavioral-health ground for mitigation. In a records review conducted at Arlington, VA on 24 February 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, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 26 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 November 2014 (2) Basis for Separation: The applicant wrongfully used cocaine on two separate occasions (between 4 September 2014 and 10 September 2014 and between 10 October 2014 and 16 October 2014) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 25 November 2014 (5) Administrative Separation Board: It is unclear if there was an administrative separation board. On 25 November 2014, the applicant waived his rights under the administrative board procedures; however, the separation authority referenced reviewing and approving the administrative separation board findings on 16 December 2014. (6) Separation Decision Date / Characterization: 16 December 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 April 2013 / 4 years, 7 months (extended 7 months on 20 March 2014) b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 3 years, 9 months, 8 days d. Prior Service / Characterizations: RA, 19 April 2011 to 24 April 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (1 April 2012 to 11 September 2012) f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, ACM-CS, GWOTSM, ASR, NATOMDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 25 November 2014, for wrongfully using cocaine on two separate occasions (between 4 and 10 September 2014 and between 10 and 16 October 2014). The punishment consisted of a reduction to E-1, forfeiture of $766 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with self-authored statement and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has been a good citizen since his discharge. 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." "Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant's available record of service, and 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 have been retained on Active Duty (AD). The applicant contends that his conduct and efficiency in completing missions, teamwork, and motivation were good, his promotions, his awards, and the fact that he reenlisted are indicative of his honorable service. He has been a good citizen since his discharge. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends several issues created his phobias and psychiatric issues that caused him to drink and smoke cigarettes/marijuana excessively, and using cocaine as his coping mechanism, which impaired his ability to serve and adapt when reintegrating after his deployment. The applicant presented them as issues that contributed to his discharge from the Army. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., medical records) or other evidence sufficient to explain the facts, circumstances, and reasons underlying any medical issues or behavioral health diagnoses, for the Board's consideration because they are not available in the official record. 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 24 February 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 AR20160000239 1