1. Applicant’s Name: a. Application Date: 13 January 2016 b. Date Received: 19 January 2016 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 was self-medicating to cope with his PTSD. He has been rated with 70 percent disability for PTSD by the Veterans Administration (VA). Per the Board’s Medical Officer, based on the information available for review at the time, the applicant had a behavioral health condition which is mitigating for the offense which led to his separation from the Army. No diagnosis of PTSD in AHLTA, but a review of VA records indicates a service connected rating of 70 percent for PTSD with alcohol and cannabis abuse related to traumatic deployment events. Because PTSD can be associated with use of stimulants for self-medication, there is a nexus between this applicant’s use of cocaine and his PTSD symptoms. In a records review conducted at Arlington, VA on 28 September 2016, and by a 4-1 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, the circumstances surrounding his discharge (i.e. post service combat related PTSD diagnosis), and information from a prior period of honorable service, and is now inequitable. Accordingly, the Board voted to grant partial 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: 27 September 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 August 2006 (2) Basis for Separation: The applicant received a FG Article 15 for the wrongful use of cocaine (28 August 2006). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 29 August 2006 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 7 September 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 16 September 2005 / 6 years b. Age at Enlistment/Education/GT Score: 21 / NIF / NIF c. Highest Grade Achieved/MOS/Total Service: E-4 / 25Q1P, Multichannel Transmission Systems Operator/Maintainer / 2 years, 9 months, 27 days d. Prior Service/Characterizations: RA, 24 February 2004 - 15 September 2005 / HD e. Overseas Service/Combat Service: SWA / Iraq (27 November 2004 - 9 November 2005) f. Awards and Decorations: ARCOM, AAM, NDSM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Electronic Copy of DD Form 2624, dated 22 June 2006, reflects the applicant tested positive for cocaine during an Inspection Unit (IU) urinalysis testing conducted on 9 June 2006. FG Article 15, dated 29 June 2006, for wrongfully using cocaine (between 5 June 2006 and 12 June 2006). The punishment consisted of a reduction to E-1; forfeiture of $636.00 pay per month for two months, extra duty for 45 days, and restriction for 45 days (suspended). DA Form 3822 (Report of Mental Status Evaluation), dated 29 June 2006, 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 diagnosed with Cocaine Abuse (Axis I). DA Form 4856 (Developmental Counseling), dated 6 July 2006, for wrongfully using cocaine on 9 June 2006. Electronic Copy of DD Form 2624, dated 10 July 2006, reflects the applicant tested positive for cocaine during an Inspection Random (IR) urinalysis testing conducted on 29 June 2006. FG Article 15, dated 28 August 2006, for wrongfully using cocaine (between 24 June 2006 and 3 July 2006). The punishment consisted of forfeiture of $636.00 pay per month for two months and extra duty for 45 days. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: VA Rating Decision letter, dated 25 November 2014, reflects the applicant was assigned a disability rating of 70 percent for service-connected PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 26 June 2016, with all listed enclosures. 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 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 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. The applicant contends the VA has assigned him a disability rating of 70 percent for service connected PTSD. 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 29 June 2006, 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 that although he was suffering from PTSD, he knew the difference between what was right and wrong as indicated by the mental status evaluation. The third party statements provided with the application speak highly of the applicant’s performance. They all recognize his good conduct after leaving 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. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 September 2016, and by a 4-1 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, the circumstances surrounding his discharge (i.e. post service combat related PTSD diagnosis), and information from a prior period of honorable service, and is now inequitable. Accordingly, the Board voted to grant partial 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. 10. 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: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160002427 4