1. Applicant’s Name: a. Application Date: 27 April 2016 b. Date Received: 29 April 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, her discharge is inequitable because it does not reflect her character of service. While deployed, she became very lonely and depressed, which led to self-medicating with marijuana. She sought counsel with a chaplain. Upon her redeployment, she received an award which motivated her to get back on track. She was promoted and had enrolled in college when a new command informed her that she had failed a urinalysis. Her positive urinalysis in September 2010 was not brought forth until eight months later. She was demoted in July 2011 and was discharged in November 2011. For the last five years, while still dealing with anxiety and depression, she is receiving treatment at a VA medical center and maintains employment. She is challenged with paying for her school and an upgrade would allow her to obtain her GI Bill benefits. Per the Board’s Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The applicant was separated for misconduct (drug abuse) Under Honorable Conditions (General) for service from 7 July 2009 through 9 November 2011. The Army Discharge Review Board – Case Report and Directive (AR20110024216) letter, dated 4 June 2012, was reviewed. Report of Medical History (DD Form 2807-1) and Report of Medical Examination (DA Form 2808), dated 3 August 2008, were both unremarkable. The electronic medical records (AHLTA) from November 2005 through November 2011 were reviewed (note: 2005-June 2009 pre-enlistment dependent medical records). Only dependent behavioral health (BH) related visit on 13 September 2006 (15yo) with adjustment disorder with depressed mood; also EPTS history of asthma. First military BH visit on 28 February 2011for post-deployment health assessment with depressed mood and tearful. Gained weight and failed APFT. ASAP group session for cannabis abuse on 23 June 2011. Diagnosis was adjustment disorder with depressed mood per behavioral health, added depression diagnosis on 31 August 2011 and antidepressant initiated. Sleep disturbances noted in September 2011 and medication added for sleep in November 2011. Report of Medical History (DD Form 2807-1), dated 20 July 2011, with several ‘yes’ responses including inhaler for breathing problems, weight gain and others. Report of Medical Examination (DD Form 2808), dated 20 July 2011, with prescription for wheeze (Albuterol) noted in November 2010 and 18 July 2011. Co-occurring mental, behavioral or medical conditions include low back pain and asthma. The limited Veteran’s Administration medical records provided by the applicant noted treatment for post-service diagnosis of PTSD, depression and multiple medication prescriptions. The applicant met medical retention standards IAW (in accordance with) Chapter 3, Army Regulation (AR) 40-501, and following the provisions set forth in AR 635-40 that were applicable to the applicant’s era of service. The applicant’s medical conditions were duly considered during medical separation processing. In a personal appearance hearing conducted at Warner Robins, GA on 17 November 2016, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of service, to include her combat service, circumstances surrounding her discharge (i.e. capricious actions by the command, waiting eight months to separate after misconduct), and her personal testimony 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: 9 November 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 October 2011 (2) Basis for Separation: The applicant wrongfully used marijuana (between 27 August 2010 and 26 September 2010). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 17 October 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 October 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 July 2009 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 36B10, Financial Management Specialist / 2 years, 4 months, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (30 April 2008 to 26 February 2010) f. Awards and Decorations: AAM-2, NDSM, ACM-CS, GWOTSM, ASR, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders, dated 27 October 2011 There is no other derogatory information in her record. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, the applicant provided a page of her VA Progress Notes, printed on 23 September 2016, which states that she was seen for individual therapy to treat PTSD and Major Depression. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; applicant’s self-authored statement; character reference statement; VA Medications Summary; applicant’s monthly bill, dated 11 April 2016; Loan Details information sheet; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has maintained employment. 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 her general (under honorable conditions) discharge to honorable. The applicant’s record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant’s discharge was appropriate because the quality of her 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, 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 marred the quality of her service. 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 she should have been retained on Active Duty. The applicant’s contentions regarding her behavioral health issues which involved having dealt with anxiety and depression issues were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues existed, and the applicant contends they were contributing factors that led to her misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to her misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's service accomplishments and quality of her service prior to the incident of misconduct and her post-service accomplishment, the Board can find that her complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of her characterization of service. The applicant contends she is challenged with paying for her school and an upgrade would allow her to obtain her G.I. Bill benefits. However, eligibility for veterans’ 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions b. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Warner Robins, GA, on 17 November 2016, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of service, to include her combat service, circumstances surrounding her discharge (i.e. capricious actions by the command, waiting eight months to separate after misconduct), and her personal testimony 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. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160008967 5