1. Applicant's Name: a. Application Date: 3 February 2016 b. Date Received: 8 February 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, at the time of his misconduct, he was assisting with and attending to many personal and professional issues that dealt with subordinates, their families, and homelessness issues, which was challenging. The applicant contends that the Behavioral Health professionals prescribed him a variety of medications and coping mechanisms to release some of the pressure in order for him to attend to those challenges. The subsequent side effects from these mechanisms was a vicious cycle, which ultimately led to his discharge Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a Behavioral Health diagnosis (PTSD) which is mitigating for the offenses leading to his discharge from the Army. As PTSD is associated with the use of alcohol and substances to self-medicate symptoms, there is a nexus between his PTSD and the offenses of DWI and using marijuana. Review of JLV indicates that the applicant has been rated as 70 percent service-connected for Chronic Adjustment Disorder. After this rating was given, he was diagnosed with PTSD secondary to combat by the VA. He is currently receiving treatment (medication and therapy) for this PTSD. In a records review conducted at Arlington, VA on 19 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. 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 14-12c, the narrative reason for separation to Misconduct (Serious Offense), the separation code to JKQ, 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: 12 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 August 2014 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully used marijuana (between on or about 28 April 2014 and on or about 27 May 2014); and, apprehended by law enforcement for driving under the influence with a blood alcohol content of . 54 (9 November 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 August 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 August 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 January 2011 / 5 years b. Age at Enlistment / Education / GT Score: 19 / Associate's Degree / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15W10, Unmanned Aircraft System Operator / 3 years, 7 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (11 February 2011 to 9 December 2012) f. Awards and Decorations: ACM-CS, ARCOM, NDSM, GWOTSM, NCOPDR, ASR, OSR, NATOMDL g. Performance Ratings: 1 May 2013 thru 30 April 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 22 January 2014, reflects the applicant was apprehended for Driving While Under The Influence Alcohol (off post). General Officer Memorandum of Reprimand (GOMOR), dated 13 February 2014, for driving under the influence of alcohol with a BAC of .154 on 9 November 2013. Electronic Copy of DD Form 2624, dated 6 June 2014, reflects the applicant tested positive for THC 83 (marijuana) during an Inspection Random (IR) urinalysis testing conducted on 27 May 2014. FG Article 15, dated 12 June 2014, for wrongfully using marijuana (between 28 April and 27 May 2014). The punishment consisted of a reduction to E-4 and extra duty and restriction for 45 days. Electronic Copy of DD Form 2624, dated 31 July 2014, reflects the applicant tested positive for THC 18 (marijuana) during an Rehabilitation Testing (RO) urinalysis testing conducted on 24 July 2014. FG Article 15, dated 15 August 2014, for wrongfully using marijuana (between 29 June and 29 July 2014). The punishment consisted of a reduction to E-1, extra duty and restriction for 45 days, and an oral reprimand. Numerous Developmental Counseling Forms for a positive urinalysis; failure of ASAP; recommendation for UCMJ action; recommendation for separation from service; and, imposition of punishment under UCMJ. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 6 August 2014, 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 with Anxiety. Report of Medical History, dated 7 August 2014, reflects the applicant reported suffering from depression, anxiety, and insomnia. The medical examiner noted the applicant's adjustment disorder was currently stable. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and Veterans Affairs letter. 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." 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's separation packet contains two electronic DD Forms 2624 (Specimen Custody Document for Drug Testing), which reflect that one of the urinalysis tests was coded RO "Rehabilitation Testing." The government introduced these documents into the discharge process revealing the applicant was in the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. 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 14-12c, the narrative reason for separation to Misconduct (Serious Offense), the separation code to JKQ, 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 (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD/RE Code to: Change SPD to JKQ / 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 AR20160003038 1