1. Applicant's Name: a. Application Date: 23 December 2015 b. Date Received: 28 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, a review of the discharge proceedings indicate procedural errors in determining the character of service, as her Trial Defense Attorney had noted. There was use of Limited Use Evidence, as described in AR 600 85. A review of her DD Form 214 indicates that the veteran had completed her first full term of service. The fact that the she was receiving mental health services, with medications at the time the rehabilitation program began, is an issue that was not noted in the discharge. A characterization of "Convenience of the Government," would be acceptable and would avoid raising the issue of improper conduct of the Separation Board in the use of Limited Use evidence. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a history of cannabis dependence and depression. In a non-emergent Command Direct Mental Health Evaluation of 22 September 2006, the examining psychiatrist concluded that she had Depression Not Otherwise specified since 2002 and was cannabis dependent since 2009. Records seemed to show that her functional level at work was, despite her problems, good. The AHLTA records showed no PTSD or TBI diagnoses. She did have records in the JLV. Although PTSD showed on her problem list, when I looked it was listed as "inactive" and I could find no justification for the diagnosis in the record. There is no indication in the records that she was suffering from PTSD during her service. VA records showed continuing cannabis use. They also showed the diagnosis of anxiety disorder, unspecified and, as during her Army service, difficulty with pain. Although her behavioral diagnoses provide no easy mitigation for her use of cannabis, I do wish to observe that Cannabis is often used by anxious persons and persons in pain to help make their symptoms easier to endure. In the present case, she received a harsh discharge Under Other Than Honorable Conditions, despite what appeared to be a good work record. This also occurred when, according to the command's own expert, the psychiatrist in her non-emergent CD Mental Health Exam, implied she did all her good service despite being EPTS for depression and cannabis dependence. In a records review conducted at Arlington, VA on 3 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, and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. (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-3 / Under Other Than Honorable Conditions b. Date of Discharge: 23 February 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 October 2006 (2) Basis for Separation: The applicant wrongfully used illegal substances (between on or about 20 March and 20 April 2006). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 2 November 2006 (5) Administrative Separation Board: On 3 January 2007, the applicant was notified to appear before an administrative separation board and advised of her rights. On 1 February 2007, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 9 February 2007, the separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 9 February 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 November 2003 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health care Specialist / 9 years, 9 months, 8 days d. Prior Service / Characterizations: ARNG, 9 May 1997 to 8 June 1998 / NA IADT, 9 June 1998 to 14 August 1998 / UNC ARNG, 15 August 1998 to 8 May 2003 / HD IRR, 9 May 2006 to 5 November 2003 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Commander's Report, undated, reflects the following: CG Article 15, dated 1 March 2005, for eight violations of Article 86. The punishment consisted of a reduction to E-3 and extra duty and restriction for 14 days. CG Article 15, dated 6 May 2005, for four violations of Article 86. The punishment consisted of a reduction to E-2 and forfeiture $692 pay (suspended for 60 days). FG Article 15, dated 8 June 2006, for wrongful use of controlled substance. The punishment consisted of reduction to E-3, forfeiture $850 pay per month for two months (suspended for 180 days), and extra duty for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 22 September 2006, reflects the applicant was mentally responsible with a clear thinking process and had the mental capacity to understand and participate in the proceedings. The applicant was diagnosed with (Axis I) 311 Depressive D/O NOS (vs. Substance-Induced) EPTS, 304.30 Cannabis Dependence. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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 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 her under other than honorable conditions discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her 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 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 she should be retained on active duty. The applicant's contentions about Limited Use evidence being introduced into her Administrative Separation Board were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record of the specific drug test which led to her discharge, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The Transition Center (TC) appropriately selected the SPD code and reason for the discharge to execute the commander's intent, which in this case was to discharge the applicant for wrongfully using an illegal drug. Army Regulation 635-5-1 provides the authority for TC throughout the Army to execute the commanders' intent and in this case the TC selected the appropriate SPD Code that identified the type of separation and the correct paragraph from AR 635-200 that corresponded with the reason for the applicant's separation as described in the discharge packet. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. Based on the aforementioned, Soldiers processed for Misconduct (Drug Abuse) will be assigned an SPD Code of JKK and an RE Code of 4. Notwithstanding the administrative error, 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 determined that the characterization of service was too harsh based on the applicant's length and quality of service, and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to general (under honorable conditions). 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: General, Under Honorable Conditions c. Change Reason to: No Change d. Change SPD / RE Code to: No Change to SPD Code / Change RE to 4 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 AR20160000341 1