1. Applicant's Name: a. Application Date: 8 September 2015 b. Date Received: 14 March 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 was in treatment for numerous conditions that were secondary to his medical conditions. According to his squad leader, he was in the process of being recommended for medical retirement at the time of his involuntary separation. His mental and physical conditions were exacerbated by the low morale at Fort Lewis. His immature actions that led to his involuntary separation were related to his medical conditions. He feared going to his chain of command due to his paranoia at the time, a symptom of his service- connected PTSD. An upgrade would allow him to use his Post 9/11 GI Bill to further his education and for third-party services in his community. In a records review conducted at Arlington, VA on 8 February 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 February 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 January 2011 (2) Basis for Separation: The applicant was informed of the following reasons: he wrongfully used, possessed, and distributed cocaine, and he wrongfully consumed alcohol while underage (3 March 2009); and, he failed to keep possession of his military identification card (8 April 2009). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 January 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 January 2011 / General (Under Honorable Conditions) / (under the provisions of AR 635-200, Paragraph 14-12c(2), misconduct - abuse of illegal drugs) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 September 2008 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 4 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (15 July 2009 to 15 July 2010) f. Awards and Decorations: ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for admitting to cocaine use and losing his military ID card. Summarized Article 15, dated 22 April 2009, for failing to keep in his possession his military ID card (8 April 2009). The punishment consisted of 14 days of extra duty and restriction. CID Report, dated 12 May 2009, reports that the applicant was the subject of an investigation for wrongful use, possession, and distribution of cocaine. FG Article 15, dated 3 June 2009, for wrongfully using, possessing, and distributing cocaine (3 March 2009) and violating a lawful general regulation by consuming alcohol while underage (3 March 2009). The punishment consisted of a reduction to E-1, forfeiture of $647 pay per month for two months, and 45 days of extra duty and restriction. Memorandum of Agreement for ASAP Education and/or Enrollment and Treatment in the ASAP Clinical Treatment Program, dated 5 October 2010, is self-explanatory. Mental Status Evaluation, dated 29 October 2010, indicates the applicant was cleared for any administrative actions deemed appropriate by his command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 27 October 2010, shows the applicant noted having behavioral health issues. Applicant's documentary evidence: VA Rating Decision, indicates the applicant was granted 30 percent disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214; VA Rating Decision list and letter; and list of Medical Encounters while in the US Army. 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, 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. The applicant's contentions regarding his behavioral health issues contributed to his inability to make good judgments were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant contends an upgrade would allow him to use his Post 9/11 GI Bill to further his education and to provide third-party services in his community. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's 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 8 February 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 a New Separation Order: No b. Change Characterization to: No Change 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 AR20160006264 1