1. Applicant's Name: a. Application Date: 25 November 2015 b. Date Received: 16 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 pertinent part and in effect, he accepted his discharge due to suffering from combat PTSD, while he should have requested medical treatment. His medical condition of PTSD led him to substance abuse. He self-medicated due to hopelessness and not being able to deal with his condition. He is now residing at and receiving treatment at a Veterans' Center. He has continued medical health care from a VA outpatient clinic in Florida. An upgrade would allow him to return to a productive life. Per the Board's Medical Officer, based on the information available for review at the time, the JLV reflects the applicant has a 20 percent rating for a service-connected disability. His JLV diagnoses include Alcohol Dependence, Opioid Dependence, and Cannabis Dependence. Each of these disorder was placed on his VA problem list on 2 October 2015 PTSD was put his problem list on 5 November 2015, when I sought a note for the diagnosis, there was no note Instead it showed a cancellation. It was impossible to determine whether to mitigate the applicant's AWOL and repeated cannabis use from the available records. If based solely on records from the time of his misconduct, there is no behavioral health condition that mitigates his misconduct. In a records review conducted at Arlington, VA on 26 April 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, to include his combat service, and as a result it is inequitable. Accordingly, the Board voted to grant 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 14 January 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 December 2009 (2) Basis for Separation: The applicant wrongfully used marijuana (between 9 March 2009 and 9 April 2009, and between 25 August 2009 and 25 September 2009). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 December 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 December 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 December 2007 / 5 years b. Age at Enlistment / Education / GT Score: 18 / GED / 106 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 2 years, 7 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (2 March 2008 to 2 August 2008) f. Awards and Decorations: ARCOM, NDSM, ICM-CS, GWOTSM, ASR, MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for testing positive for illegal substance during a unit urinalysis. Laboratory Confirmed Biochemical Test Results, dated 29 April 2009, reflects the applicant tested positive for marijuana during an Inspection Random (IR) urinalysis testing conducted on 9 April 2009. FG Article 15, dated 1 June 2009, for wrongfully using marijuana (9 April 2009). The punishment consisted of a reduction to E-1 and 45 days of extra duty and restriction. Mental Status Evaluation, dated 10 June 2009, reflects the applicant was cleared for any administrative action deemed appropriate by his command. Two DA Forms 4187, dated 1 July 2009 and 25 September 2009, reflects the applicant's duty status changes from "PDY" to "AWOL," effective 1 July 2009, and from "AWOL" to "PDY," effective 25 September 2009. Laboratory Confirmed Biochemical Test Results, dated 6 October 2009, reflects the applicant tested positive for marijuana during an Inspection Other (IO) urinalysis testing conducted on 25 September 2009. i. Lost Time / Mode of Return: 86 days (AWOL, 1 July 2009 to 24 September 2009) / applicant returned to his unit j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; a supporting and character reference statement; VA letter; and VA Appeal document, dated 4 September 2015. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), Misconduct (Drug Abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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, 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 medical condition of PTSD led him to substance abuse. However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends that an upgrade would allow him to return to a productive life, perhaps through the use of veterans' benefits, and having better job opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 26 April 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, to include his combat service, and as a result it is inequitable. Accordingly, the Board voted to grant 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: 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 AR20160004060 1