1. Applicant's Name: a. Application Date: 3 April 2016 b. Date Received: 8 April 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, his discharge was improper because of the wrongful acts that went on for 10 months prior to his discharge. He was religiously taunted. He was told he was a terrorist because he is a Muslim from Bosnia and Herzegovina. He was looked upon differently and treated in the worst way by his NCO leadership, the same Soldiers who handled his discharge. After failing one urinalysis, he was labeled a drug abuser with no further evidence. 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 mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The applicant did not have an in-service diagnosis of Depression; however, he did endorse depressive symptoms in response to harassment. He was diagnosed with Alcohol Dependence and Cannabis Abuse. Because behavioral health conditions, particularly Depression, can be associated with use of alcohol and substances for self-medication, risk-taking behaviors, impaired judgment, and impulsivity, there is a nexus between this applicant's misconduct and his behavioral health symptoms. The medical records indicated the applicant started the Army Substance Abuse Program (ASAP) on 8 April 2015, and met the criteria for Alcohol Dependence and Cannabis Abuse. The applicant reported feeling depressed during the 10 months he was with his unit and stated "all this stuff happening I was very depressed and drinking is what I do to compensate for depression." He reported being called a terrorist and communist by members of his unit to include his first line supervisor and most of the people around him. He did not file an EO complaint but planned to do so. He also reported financial stressors and debt. The Mental Status Exam, dated 12 May 2015, stated the applicant reported using marijuana because he was depressed and being harassed by his unit. He was psychiatrically cleared for administrative action. The medical record, dated 30 July 2015, indicated the applicant planned on fighting his Chapter and had scheduled an appointment with the trial defense service (TDS) attorney due to there being no papered that he received an Article 15. Post service - a personal statement from the applicant to his Command indicated, he was experiencing unfair treatment and verbal harassment from members of his unit. He reported feeling depressed and using drugs to help with symptoms but was enrolled in ASAP and hopeful about recovery. In a records review conducted at Arlington, VA on 9 June 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length of the applicant's service and the circumstances surrounding his discharge (i.e., in-service symptoms of behavioral health issues, hostile work environment, substantiated hazing/bullying/EO violation (commander's inquiry) mitigated the discrediting entry in his 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 RE code to 3. (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: 1 September 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 February 2014 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-2 / 19K10, M1 Armor Crewman / 1 year, 6 months, 7 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: There is no record of any negative counseling statement or action under the UCMJ; however, the applicant was discharged at the grade of E-1. Discharge Orders, dated 20 August 2015 i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 3 April 2016; e-mail correspondence, dated between 13 and 27 July 2015; memorandum, dated 4 May 2015, subject: Findings and recommendations reference Commander's Inquiry (Informal) into circumstances surrounding Charlie Company, 1/9th CAVs Equal Opportunity Complaint; memorandum, dated 4 May 2015, subject: Findings and recommendations reference Commander's Inquiry (Informal) into circumstances surrounding Charlie Company 1/9th CAVs Equal Opportunity Complaint; and memorandum for record, dated 20 April 2015, subject: Matters in Defense, Extenuation, and/or mitigation for [the applicant]. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200, 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 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's digital signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions and his documentary evidence were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced sufficient evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further sufficient evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, 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 9 June 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length of the applicant's service and the circumstances surrounding his discharge (i.e., in-service symptoms of behavioral health issues, hostile work environment, substantiated hazing/bullying/EO violation (commander's inquiry) mitigated the discrediting entry in his 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 RE code to 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 AR20160007554 4