1. Applicant's Name: a. Application Date: 10 February 2016 b. Date Received: 7 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, that he would like an upgrade for the purpose of being able to access his entire educational benefits. The applicant states that he is over halfway complete with a Master of Arts in Industrial and Organization Psychology degree, with the intent to use his degree to consult healthcare organizations to create ideal workplaces and improve the patient experience by improving employee satisfaction. However, he is only receiving 70 percent of his education benefits but with an upgrade, he would receive the full education benefit. The applicant is receiving a service-connected disability directly related to the events leading up to his discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating behavioral health conditions in his records. The applicant's AHLTA diagnoses include Adjustment Disorder, Adjustment Disorder with Depressed Mood, Alcohol Disorder (ASAP treatment October 2014 to December 2014, 11 visits), and Suicide Risk. His suicidal behavior led to a hospitalization in October 2014. The JLV records showed he is rated 60 percent service-connected disabled by the VA. In a records review conducted at Arlington, VA on 17 May 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and his post service accomplishments (i.e. as annotated in the case report and directive, in addition to his volunteer work at his church and with veterans, and working on his Masters Degree), his CAB from OEF, and as a result it is inequitable. Accordingly, the Board voted to grant partial 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, Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 20 February 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 December 2014 (2) Basis for Separation: The applicant wrongfully used marijuana (between on or about 11 June 2014 to on or about 11 July 2014). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 December 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 January 2015 / General (Under Honorable Conditions0 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 October 2012 / 4 years b. Age at Enlistment / Education / GT Score: 26 / BS Degree / 114 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13D10 Field Artillery Automated Tactical Data Systems Specialist / 4 years, 6 months, 20 days d. Prior Service / Characterizations: RA, 1 September 2010 to 11 October 2012 / HD e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (7 September 2012 to 26 March 2013) f. Awards and Decorations: ACM-CS, ARCOM-2, AAM-2, AGCM, NDSM, GWOTSM, KDSM, NCOPDR, NATOMDL, CAB g. Performance Ratings: 1 December 2012 thru 31 August 2014, Among the best. h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 12 November 2014, for wrongfully using marijuana. The punishment consisted of a reduction to E-4, forfeiture of $1,164.00 pay per month for two months (suspended), extra duty and restriction for 45 days, and an oral reprimand. DA Forms 4856, dated 19 September 2014 and 12 January 2015, for drug abuse, disobeying a lawful command from a Commissioned Officer, and debt avoidance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 14 November 2011, reflects the applicant was diagnosed with (Axis I) adjustment disorder. The service member was screened for PTSD and mTBI IA WOTSG/MEDCOM policy Memo 10-040. Results were negative. Service member denied any current thoughts of harming himself or others. Soldier met medical retention per AR 40-501 and was cleared for administrative separation actions under Chapter 14-12 or any other administrative actions deemed necessary by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 6. POST SERVICE ACCOMPLISHMENTS: The applicant started working in the mental health field as a mental health assistance directly caring for veterans and other individual struggling with chemical dependence psychosis, and clinical diagnose. He has also been working as a human resources generalist for the same hospital. 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 he is currently working in the healthcare field helping veterans. The applicant's post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on his accomplishments. However the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends he is receiving service connected disability related to the events leading up to his discharge. The applicant's contention was noted; however the applicant did not submit any evidence to support his contention. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive his full education benefits. However, 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 17 May 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and his post service accomplishments (i.e. as annotated in the case report and directive, in addition to his volunteer work at his church and with veterans, and working on his Masters Degree), his CAB from OEF, and as a result it is inequitable. Accordingly, the Board voted to grant partial 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. 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 AR20160007739 1