1. Applicant's Name: a. Application Date: 23 February 2016 b. Date Received: 29 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 or a medical discharge. The applicant seeks relief contending, in effect, once he switched units and was selected to take over the responsibilities of the motor pool, he was the constant target of other Soldiers that outranked him. He encountered bias from his new commanding officer, he became the subject to punishment based on hearsay and without evidence of any violations, and he believed he was being unfairly targeted. The applicant states that he brought it to his first sergeant's attention and the matter was addressed with the commander; however, tension grew and he became the subject of excessive scrutiny This compiled with personal family issues, to include the loss of a family member, caused him to self-medicate with marijuana. The applicant was enrolled into the Army Substance Abuse Program. Approximately one month after completing the program, the applicant received a summons from the Criminal Investigation Department for questioning about a case regarding Army gas cards on another installation. Upon his return to his post, the applicant's commander saw it fit to court-marshal him, wherein he was found guilty of the charges for giving one of the perpetrators a ride. However, no charges relating to any violations or misuse of any gas cards. After his release from the brig, the applicant continued his mental health sessions and was notified by the mental health doctor that he was recommending a medical discharge for PTSD. Following months of confusion about his future and of having a sustainable career in the Army, he was informed the best they could offer him was a general discharge and he reluctantly accepted it. Today, he is continuing to deal with medical and mental health issues including PTSD, Anxiety and a recent diagnosis of legal blindness. He is hindered from receiving the proper care and resources due to his discharge. Currently his DD Form 214 reads marijuana use even though he completed the Army Substance Abuse Program and remained in the Army for approximately one year following the one incident that led to his rehabilitation and he had no other incidents. He has lived his life as an honorable man, with Integrity and dignity. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a mitigating behavioral health condition for the some of the offenses which led to his separation from the Army. There is a probable nexus between the applicant's behavioral health condition and substance abuse but no nexus regarding the conspiracy, larceny of military property, and other misconduct. In a records review conducted at Arlington, VA on 10 May 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 September 2007 (2) Basis for Separation: The applicant was found guilty of one specification each of larceny of military property, conspiracy, and wrongful use of marijuana. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 September 2007 (5) Administrative Separation Board: Conditionally waived, 10 September 2007, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 17 September 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 September 2005 / 3 years b. Age at Enlistment / Education / GT Score: 24 / Associate's Degree / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Wheeled Vehicle Mechanic / 2 years, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 26 January 2007, for wrongfully using marijuana (between 27 October and 27 November 2006). The punishment consisted of a reduction to E-1; forfeiture of $654 pay per month for two months (one month suspended); and, extra duty and restriction for 45 days. Charge Sheet, dated 12 March 2007, reflects the applicant was charged with violation of the UCMJ, on the following Articles: Article 81, larceny of a value of about $150; and, in order to effect the conspiracy unlawfully possessed and utilized the Voyager Fleet Credit Card, without authorization, to purchase fuel for personal use (between August and 23 September 2006); Article 112a, wrongfully used marijuana or about 17 January 2007; and, Article 121, steal fuel through the use of Voyager Fleet Credit Card, military property of value of about $150. DD Form 2624, dated 27 January 2007, reflects the applicant tested positive for THC 209 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 17 January September 2007. Report of result of Trial, dated 29 March 2007, reflects the applicant was tried in a Summary Court-Martial on 29 March 2007. The applicant was charged with 3 specifications. The summary of offenses, pleas and findings: Violation of Article 81, Conspiracy; guilty, inconsistent with the plea; Violation of Article 112a, Wrongful use of marijuana on or about 17 January 2007; guilty, not consistent with the plea; and, Violation of Article 121, Larceny of military property on or between August and 23 September 2006: guilty, inconsistent with the plea. Sentence: Confinement for seven days; and, forfeiture on half pay per month for one month. Mental Status Evaluation, dated 5 September 2007, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant was mentally responsible with clear thinking process. The applicant was able to understand and participate in the proceedings. Several Developmental Counseling Forms for failing to report to his appointed place of duty at time prescribed and failure to obey a direct order; second positive urinalysis; failure to report; and, initiation of separation proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 24 August 2007, the examining medical physician noted in the comments section: "Related HX of depression lasting x 1yr." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, with all allied documents listed in block 9 of the application. 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 or a medical discharge. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant requests a medical discharge. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 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 he was subject to excessive scrutiny. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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 applicant contends he was suffering from PTSD and other mental health issues. However, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The record shows that on 5 September 2007, 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 commander determined he knew the difference between right and wrong as indicated by the mental status evaluation. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he had good service. 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 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 10 May 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160005249 5