1. Applicant's Name: a. Application Date: 4 April 2016 b. Date Received: 11 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 effect, his discharge was inequitable due to the lack of medical treatment and help during his enlistment. The applicant contends he was discharged for misbehavior; however, no one took the time to ask why he turned to drugs for his problems. At the time, the applicant was only 19 and had already served a full year in Iraq. Since his discharge, he has been diagnosed with PTSD and is currently receiving treatment needed to cope with his illness. He believes that he has always had PTSD, but just never got the help he needed while he was on Active Duty, most notably when he witnessed the things he seen and the friends he lost. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a behavioral health condition that was mitigating for some but not all of the offenses which led to his separation from the Army. The applicant had no diagnosis of PTSD in AHLTA, but a review of VA records indicated a service connected rating of 50 percent for an Unspecified Anxiety Disorder. He did not meet criteria for PTSD by the VA; however, he attributed anxiety symptoms to experiencing mortar attacks in Iraq and to the death of a close friend. Because Anxiety can be associated with use of substances for self-medication, there is a nexus between this applicant's misconduct (alcohol and marijuana use) and his behavioral health symptoms. However, the misconduct of disrespect and numerous other negative counseling statements for failure to follow orders are not all mitigated as the source of all his misconduct is not reasonably related to Anxiety. Lastly, Mr. X contention that there was a lack of medical treatment to help his symptoms was unfounded. He had 20 appointments regarding substance use treatment; therefore, it is the presumption that his mood and substance use disorder was fully and regularly assessed. In a records review conducted at Arlington, VA on 31 May 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include his combat service, and circumstances surrounding his discharge (i.e. PTSD- like symptoms related to service-connected anxiety), 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: 22 February 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 January 2008 (2) Basis for Separation: The applicant was informed of the following reason: wrongfully used marijuana; drinking underage; driving while intoxicated; and, disrespect towards a noncommissioned officer (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 February 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 February 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 July 2005 / 4 years, 23 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Wheeled Vehicle Mechanic / 2 years, 7 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (30 November 2005 to 29 November 2006) f. Awards and Decorations: NDSM, GWOTSM, ICM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis report, dated 18 January 2007, reflects the applicant tested positive for THC 21 during an Inspection Unit (IU) urinalysis conducted on 8 January 2007. FG Article 15, dated 2 March 2007, for wrongfully using marijuana (between 8 December 2006 and 8 January 2007). The punishment consisted of a reduction to E-1, forfeiture of $650 pay per month for two months (suspended), and 45 days extra duty. CG Article 15, dated 25 October 2007, for being disrespectful in deportment toward First Sergeant K, a noncommissioned officer, by using profanity as he was speaking to him (11 October 2007). The punishment consisted of a reduction to E-1 (suspended), forfeiture of $303 pay per month for one month, and 14 days extra duty. Report of Mental Status Evaluation, dated 25 January 2008, reflects the applicant was evaluated for a mental status evaluation pursuant to Chapter 14-12 discharge. It was determined that he had no cognitive or psychiatric limitations that would limit his ability to distinguish right from wrong or render him unable to anticipate the consequences of his action. He was psychologically cleared for any administrative action deemed appropriated by command. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Department of Veterans Affairs Progress Notes references the applicant having behavioral health issues and being assigned a 50 percent service-connected disability rating for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and documents from the Department of Veterans Affairs Progress Notes, which reflect the applicant has been awarded 50 percent service connected disability. The applicant also provided a letter from A+ Federal Credit Union and a copy of his driver's license. 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, the issues and documents submitted with his application were carefully reviewed. The record confirms 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a Soldier. 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 diminished the quality of his service below that meriting an honorable discharge. 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 contends that his discharge was inequitable due to the lack of medical treatment and help during his enlistment. The applicant contends he was discharged for misbehavior; however, no one ever took the time to wonder or even ask the question why he was misbehaving and turning to substance abuse for his problems. The applicant contentions were noted; however, evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self- referred to the Army Substance Abuse Program (ASAP) counseling center for assistance; the applicant 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 since his discharge, he has been diagnosed with PTSD and is getting the full treatment necessary to cope with his illness. He believes he has always had PTSD and while he was still on active duty he never got the help he needed to cope with the things he saw and friends he lost. The fact the Veterans Affairs has granted the applicant service connection for medical conditions the applicant suffered while on Active Duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. 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 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 31 May 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include his combat service, and circumstances surrounding his discharge (i.e. PTSD-like symptoms related to service-connected anxiety), 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 Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160007583 1