1. Applicant's Name: a. Application Date: 15 January 2016 b. Date Received: 11 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, after her twenty-second birthday, seeing a father get gunned down caused her more problems than anything ever had, especially since her own father met the same fate years earlier. The problems became too much to deal with and after four and half years and four months, before her ETS date, she failed a urinalysis because she was self-medicating. She states she is not perfect, but after so much time in the Army, putting "PVT" on relevant information was the biggest punishment of all. She is working on getting somewhere in life, the applicant desires her discharge to reflect the work that she truly put in over her youngest years. One day after medical school, she would like to rejoin in order to right her wrongs. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a mitigating medical or behavioral health condition for the offenses which led to her separation from the Army. The Active Duty electronic medical records revealed the applicant had a history of treatment for Dysthymic Disorder and an Adjustment Disorder with Anxiety and Depressed Mood. Because the combination of behavioral health conditions, most prominent being depression, can often be associated with Substance Abuse, there is a nexus between this applicant's misconduct and her behavioral health symptoms. Medical note dated 5 June 2014 indicated the applicant sought treatment for depression in response to her father being murdered when she was 11, being sexually assaulted as an adult, and being a witness to a murder. Behavioral health treatment consisted of psychotherapy and medication management. The Report of Medical Examination dated 20 May 2015 indicated the applicant was qualified for services with a PULHES of 111111. The Report of Medical History dated 18 May 2015 indicated SM reported trouble sleeping, anxiety, nightmares and a history of behavioral health treatment. Mental Status Exam dated 19 May 2015 indicated a diagnosis of Dysthymic Disorder. The applicant screened negative for PTSD and TBI and was psychiatrically cleared for any administrative action deemed appropriated by her command. In a records review conducted at Arlington, VA on 21 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, and the circumstances surrounding her discharge (i.e. severe in-service diagnosis of OBH) mitigated the discrediting entry in her 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: 9 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 May 2015 (2) Basis for Separation: The applicant wrongfully used marijuana (between 9 February and 11 March 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 28 May 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 June 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 October 2013 / 2 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10 2B, Health Care Specialist / 4 years, 10 months, 13 days d. Prior Service / Characterizations: RA, 27 July 2010 to 20 October 2013 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AGCM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 6 May 2015, for wrongfully using marijuana (between 9 February to 11 March 2015). The punishment consisted of a reduction to E-1; forfeiture of $733 pay (suspended); and, extra duty for 45 days. Electronic Copy of DD Form 2624, dated 1April 2015, reflects the applicant tested positive for THC 93 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on11 March 2015. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 19 May 2015, 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 Dysthymic Disorder, Cannabis Dependence (per ASAP). 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is pursuing her degree. 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. 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 her general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's available record of service, the issues and documents submitted with her 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 marred the quality of her service. 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 contends that she was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends she began self-medicating to deal with stress, which ultimately lead to her discharge. The applicant's service record contains documentation that supports a diagnosis of in service Dysthymic Disorder, Cannabis Dependence; 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 19 May 2015, the applicant underwent a mental status evaluation which indicates she 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 she knew the difference between right and wrong as indicated by the mental status evaluation. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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 21 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, and the circumstances surrounding her discharge (i.e. severe in-service diagnosis of OBH) mitigated the discrediting entry in her 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 AR20160004124 1