1. Applicant's Name: a. Application Date: 24 September 2015 b. Date Received: 20 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 served honorably for 10 years and that he made one small mistake by giving a friend a ride, which he believes should not affect him getting an honorable discharge. The applicant states that he was unaware that his friend bought Spice while he, the applicant, was playing on his phone. He further states that he did not go in to the store, he did not have Spice in his system or in his possession, and he did not know that his friend bought the spice; therefore, he should not be punished for something he was not aware of Per the Board's Medical Officer, based on the information available for review at the time, he does have a mental-health history that had begun before the time of his misconduct. His AHLTA diagnoses include Adjustment Disorder, Adjustment Disorder with Anxiety and Depressed Mood, Adjustment Disorder with Mixed Emotional Features, Anxiety, Agoraphobia without history of Panic Disorder, ADHD, Concussion without Loss of Consciousness, Insomnia, Grave's Disease, and Hyperthyroidism. He did not have a diagnosis of PTSD in AHLTA; however, he did received a post-service diagnosis of PTSD from the VA on 19 November 2015 that cited alleged history of PTSD, but I was unable to find an earlier diagnosis in the available records. He has had subsequent visits for PTSD this past year. Other VA diagnoses in the JLV included Panic Disorder without Agoraphobia, Hypothyroidism, and Mood Disorder. His own account of the event that led to his discharge-taking another Soldier to a shop in El Paso where that Soldier bought synthetic marijuana that was found soon after he pulled away from the shop during a search of the applicant's car by law enforcement officials. Then as now he claimed he did not realize the other Soldier bought synthetic marijuana. He said he had been informed that this particular shop was on a list of "off-limit" businesses that he had previously seen. He said did not recall this was among the shops on the list. He also claimed he was unaware the other Soldier had bought spice and brought it into his car without his knowledge. His account is plausible, whether truthful or not, and shows none of his behavior as arising from or being mitigated by any of the mental disorder he had then or has come to have since then. He also admitted to CID that he had used spice one time in the past, but disliked it because it made feel "paranoid," which is also plausible. To sum up, he has a mental-health history and diagnoses that are not germane to his application for an upgrade. In a records review conducted at Arlington, VA on 5 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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: 14 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 May 2013 (2) Basis for Separation: The applicant was found in possession of Spice and disobeying a lawful General Order by visiting an off limits establishment. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 17 May 2013 (5) Administrative Separation Board: Conditionally waived, 17 May 2013, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 6 June 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 October 2009 / 3 years / On 12 January 2010, the applicant extended his enlistment by eight months, giving him a new ETS of 15 June 2013. b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 10 years, 4 months, 15 days d. Prior Service / Characterizations: RA, 30 January 2003 to 13 June 2005 / HD RA, 14 June 2005 to 15 October 2009 / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (15 September 2011 to 26 July 2012) f. Awards and Decorations: ACM-CS, ARCOM-2, AAM, AGCM-2, NDSM, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 21 February 2013, reflects the applicant was apprehended for failing to obey general order - Off Limits establishment (off post). FG Article 15, dated 8 April 2013, for wrongfully possessing spice and failing to obey a lawful general order (21 February 2013). The punishment consisted of a reduction to E-1, forfeiture of $758 pay per month for two months (suspended), extra duty for 45 days, restriction for 45 days (suspended), and an oral reprimand. Two Developmental Counseling Forms for failure to obey and intent to separate from service. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 19 March 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 diagnosed with (Axis I) Adjustment Disorder w/ Mixed Emotional Features. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 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 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 served honorably for ten years, which included a combat tour. 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 is to be commended for his accomplishments. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 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 5 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / Change to RE code to 3 f. Restore 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 AR20160002598 1