1. Applicant's Name: a. Application Date: 14 April 2016 b. Date Received: 22 April 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The former counsel, replaced by current counsel, on behalf of the applicant states, in pertinent part and in effect, for equitable reason, the requested changes are warranted based upon the applicant's service record and the ADRB equity factors contained in DODI 1332.28 (enclosure 4). The Board should consider the quality of his service, specifically his: awards and decorations; combat service; wounds received in action (including post- traumatic stress disorder and traumatic brain injury), which were diagnosed by Department of Veterans Affairs (VA) doctors following his discharge; and length of service and more than two years of foreign service during the period under review, including his overall capability to serve in light of his family issues and the then undiagnosed PTSD and TBI. Currently, the applicant still struggles with severe symptoms of PTSD. His record of service shows he had no incidents of misconduct prior to his return from Afghanistan. While his medical condition does not excuse his conduct, it explains why he regrettably turned to an illegal substance in absence of treatment and prescribed medication. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant's case file, AHLTA and JLV. AHLTA indicates applicant was seen for insomnia multiple times after returning from deployment. Insomnia proved to be difficult to treat and never was completely treated while he was in the military. During this time, the applicant also went through a divorce. Anger issues were identified as well as problems with depressed mood, decreased concentration/libido/interest/appetite. Applicant was diagnosed with Adjustment Disorder with Depressed Mood, rule out PTSD. TBI screen was negative. VA records indicate that applicant is 70 percent service-connected for PTSD. His PTSD symptoms are described as chronic, occurring almost daily, of moderate severity and difficult to treat. The VA also notes that the applicant has been diagnosed with TBI. Based on the information available at this time, the applicant has a Behavioral Health diagnosis (PTSD) which is mitigating for the offense leading to his discharge from the Army. As PTSD is associated with the use of illicit substances to self-medicate symptoms, there is a nexus between the applicant's PTSD and his misconduct use of cocaine. In a record review hearing conducted at Arlington, VA on 16 June 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, including his combat service, and the circumstances surrounding his discharge (in-service PTSD symptoms; 70% Service-Connected VA Disability Rating for PTSD/TBI), mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 15 February 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: Based on the unit commander's recommendation memorandum to the GCMCA separation authority, dated 7 January 2012, the reason to separate the applicant was due to his wrongful use of cocaine, a schedule II controlled substance, between 18 August 2011 and 23 August 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF, but it was conditionally waived according to the chain of command's recommendations. (6) Separation Decision Date / Characterization: 30 January 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 December 2006 / 5 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B1P, Infantryman and 18B3P, Special Forces Weapons Sergeant / 8 years, 26 days d. Prior Service / Characterizations: RA (20 January 2004 to 23 December 2006) / HD e. Overseas Service / Combat Service: Korea, SWA, Colombia / Afghanistan (23 July 2009 to 27 January 2010), Colombia (23 October 2010 to 24 December 2010) f. Awards and Decorations: ARCOM-2; AAM; AGCM-2; NDSM; ACM-CS; GWOTSM; KDSM; NCOPDR-2; ASR; OSR; NATOMDL; CIB; MUC g. Performance Ratings: Four NCOERs as follows: 1 April 2007 thru 31 July 2007, Among the Best 26 September 2007 thru 10 April 2008, Fully Capable 11 April 2008 thru 31 August 2009, Among the Best 1 September 2009 thru 31 August 2010, Among the Best h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders and its amendment, dated 7 February 2012 and 15 February 2012, respectively. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence of medical records show diagnoses and treatment for PTSD, and behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 14 April 2016; DD Form 214 with discharge orders; attorney-authored brief; US Army Human Resources Command letter, dated 24 March 2016, with military service record containing graduate certificates, NCOERs, leader course diploma, course completions certificates, permanent orders, ARCOM certificates, university transcript, service school academic evaluation reports, separation packet, and enlistment documents; request for military records; memorandum for record (Letter of Recommendation), dated 1 August 2011; voluminous medical records, dated in April, March 2016 printed on 13 August 2016, July/June 2015; Medical Record pages 140-146, 132-139, 125-131, 116-124, 102-115, 88, 80-96, 98-101, 73-88, 63-72, 51-52, 54-62, 46-51, 35-44; 25-33, 16-24, 6-15, 658-665, 1-5, 644-645, 649-657, 632-643 (22 January 2013), 620, 626-631, 600-601, 614-619 (February 2013), 511-519, 598 (March 2013), 599, 506-510 (February 2013), 499-501, 492-494, 502-505 (March 2013), 462 (February 2013), and 476-479, 481-485, 495-498 (April 2013); and letter from current counsel, dated 10 January 2017. 6. POST SERVICE ACCOMPLISHMENTS: The attorney-brief states the applicant is a full time student at a university, studying criminal justice, and is in a work-study position at a VA medical center. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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." "Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant's available record of service, and 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. By the incident of serious misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. In consideration of the applicant's service accomplishments and quality of his service prior to the misconduct incident, the Board can find that his accomplishments and complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant's contentions regarding his behavioral health issues, including post-traumatic stress disorder and traumatic brain injury diagnoses, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 record review hearing conducted at Arlington, VA on 16 June 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, including his combat service, and the circumstances surrounding his discharge, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore 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 AR20160009191 5