1. Applicant's Name: a. Application Date: 18 April 2016 b. Date Received: 25 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, he performed as one of the top five members in his unit and was placed in leadership positions throughout his tour of duty and earned the CIB in Afghanistan. He self- reported his problematic use of spice and self-referred for rehabilitation services and mental health counseling. He completed rehabilitation and offered to fulfill his term of service, but he never received a reply and he was not offered the opportunity to sign his DD Form 214. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's behavioral health conditions did not mitigate his misconduct. The applicant has a post-service diagnosis of PTSD and has had extensive help with cannabis dependence at the VA. He is currently rated 50 percent service-connected disabled by the VA as of 19 June 2017 in JLV. 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 October 2013 (2) Basis for Separation: The applicant was informed of the following reasons: on 3 September 2013, he was disrespectful to a Non-commissioned officer; on 29 May 2013 and 26 August 2013, he failed to follow orders from a Non-commissioned Officer; on 25 July 2013, he was disrespectful to a Commissioned Officer; and, on 12, 20, 26 June, 24 and 25 July 2013, he failed to report to duty. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 October 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 November 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 January 2011 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 10 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (30 April 2012 - 20 January 2013) f. Awards and Decorations: ACM-CS, ARCOM, NDSM, GWOTSM, ASR, OSR, ASR, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 3 September 2013, for failing to go at the time prescribed to his appointed place of duty (22, 26 June and 24 July 2013); disrespect toward a commissioned officer (24 July 2013); derelict in the performance of his duties (29 May 2013). The punishment consisted of a reduction to E-3; forfeiture of $443 pay (suspended); and, extra duty 14 days. Numerous Developmental Counseling Forms, for: Failing to report to his appointed place of duty at time prescribed; disobeying a lawful order; disrespect towards a commissioned officer; admitting to using drugs; failing to follow instructions; and, restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 19 July 2013, reflects the applicant received a command-directed behavioral health evaluation. The applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant denied any use of spice and showed no signs of acute intoxication. The behavioral health provider noted "Immediate command directed referral to ASAP due to commander's concerns though the SM denies any spice use". 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 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 have been retained on active duty. The applicant contends that he admitted to using spice and self-referred to rehabilitation. When he completed his rehabilitation he wanted to continue in the Army, but he was separated without the opportunity to sign his DD Form 214. 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. Further, the record shows that on 19 July 2013, the applicant underwent a mental status evaluation which indicates he was mentally responsible, and was able to recognize right from wrong and could participate in the proceedings. Additionally, 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 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 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 AR20160008613 4