1. Applicant's Name: a. Application Date: 12 April 2016 b. Date Received: 18 April 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, the board should find that he served honorably and meets the criteria for an honorable discharge. His previously undiagnosed PTSD, directly caused or heavily contributed to the problems he encountered post-deployment. Further, the applicant was discouraged from arguing for retention or a more favorable discharge characterization via threats to bring action under the UCMJ should the applicant delay his separation. Per the Board's Medical Officer, based on the information available for review at the time, there was not adequate ground to mitigate the applicant's misconduct for mental health reasons. In a records review conducted at Arlington, VA on 23 June 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: 23 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 December 2011 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully possessed spice on or about 14 November 2011 and on or about 16 November 2011; He struck a Soldier in the head with his fist on 16 November 2011; He was AWOL from 3 September 2011 to15 October 2011; He failed to report on 11 April 2011, 15 April 2011, 27 April 2011, 28 May 2011, 29 May 2011, 30 June 2011, 17 November 2011, and 18 November 2011; He was disrespectful to an officer on 17 November 2011 and 18 November 2011; and, He lost his Military Identification Card on 31 October 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 December 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 December 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 February 2010 / 3 years b. Age at Enlistment / Education / GT Score: 20 / GED / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 2 months, 26 days d. Prior Service / Characterizations: RA, 16 September 2008 - 16 February 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq (12 September 2009 -28 August 2010) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 3 September 2011; From "AWOL" to "Civilian Confinement," effective 2 October 2011; and, From "Civilian Confinement" to "PDY," effective 15 October 2011. The applicant surrendered to military authorities. FG Article 15, dated 18 November 2011, for being AWOL from 3 September to 15 October 2011; went from his appointed place of duty without authority (30 June 2011); failing to go at the time prescribed to his appointed place of duty on multiple occasions (11, 15, 27, April, 28, 29 May and 17, 18 November 2011); disrespect toward a commissioned officer (17 November 2011); wrongfully possessed spice on three occasions (14 and 16 November 2011); wrongfully, possessed a makeshift smoking device (14 November 2011); and, unlawfully strike PVT H in the head with his fist (16 November 2011). The punishment consisted of a reduction to E-1; forfeiture of $733 pay per month for two months (suspended); and, extra duty and restriction for 45 days. General Officer Memorandum Of Reprimand, dated 8 November 2011, for driving while under the influence of alcohol. An evidentiary breath test was administered and resulted in a finding of .110 grams of alcohol per 210 liters of breath. Report of Mental Status Evaluation, dated 21 November 2011, 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. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 41 days (AWOL, 3 September - 14 October 2011) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his active duty medical record, dated 12 July 2011, which reflects the applicant was treated for an Adjustment Disorder with Depressed Mood. The applicant provided a copy of his VA disability rating decision, dated 15 October 2015, which reflects the applicant was rated 70 percent disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 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, through counsel, 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 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 that his previously undiagnosed PTSD, directly caused or heavily contributed to the problems he encountered post-deployment, which led to his discharge. Additionally, the applicant has received a 70 percent disability rating for PTSD from the VA. The applicant's service record contains documentation that supports a diagnosis of in service Adjustment Disorder with Depressed Mood; 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 21 November 2011, 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 chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that he had good service which included a combat tour. 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good performance while serving in the Army and noted the change in his behavior after his deployment. However, it appears the applicant's generally good record of service was the basis for his receiving a general (under honorable conditions) discharge. His misconduct clearly diminished his overall record of service below that meriting a fully honorable discharge. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant contends he was discouraged from arguing for retention or a more favorable discharge characterization via threats to bring action under the UCMJ should the applicant delay his separation. 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 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 23 June 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 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 AR20160007679 5