1. Applicant's Name: a. Application Date: 18 May 2016 b. Date Received: 13 June 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 pertinent part and in effect, he is in the process of establishing a better life for him and his family. Although his current employment with a health plan is a great job, he is seeking better and bigger employment opportunities. However, his current discharge is hindering his desire and goal to become a firefighter. Per the Board's Medical Officer, the Applicant is not engaged in treatment. On his Mental Health evaluation a year ago he admitted to daily cannabis use and drinking. He reported the heaviest use post-discharge. Applicant reported many PTSD symptoms. He also has pre- military substance abuse and legal issues. Well documented IED explosion and mild TBI with resolution of symptoms. Was seen by MH in theatre and diagnosed with Traumatic Event. Substance abuse was EPTS, however, was exacerbated by trauma. Therefore, the applicant's PTSD mitigates his THC use. In a records review conducted at Arlington, VA on 30 August 2017, and by a 5-0 vote, the Board determined that the discharge was improper. The Board found the overall length and quality of the applicant's service, to include combat service and wounding, post service accomplishments, a prior period of honorable service and the circumstances surrounding the discharge (i.e. in- service and post-service diagnosis of PTSD and TBI) mitigated the discrediting entry in the service record. Therefore, the Board granted relief in the form of an upgrade to the characterization of service to honorable, changed the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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 April 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 March 2013 (2) Basis for Separation: The applicant wrongfully used marijuana between 29 September 2012 and 29 October 2012. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 March 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: By an undated memorandum / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 November 2010 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 5 months d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Afghanistan (15 April 2012 to 6 January 2013) f. Awards and Decorations: PH; ARCOM; NDSM; ACM-CS; GWOTSM; ASR; OSR; NATOMDL; CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 18 December 2012, shows the applicant tested positive for THC during an Inspection, Unit (IU) urinalysis testing conducted on 29 October 2012. Negative counseling statement for wrongfully using marijuana and failing the urinalysis test during deployment. FG Article 15, dated 27 February 2013, for wrongfully using marijuana between 29 September 2012 and 29 October 2012. The punishment consisted of a reduction to E-1, forfeiture of $758 pay per month for two months (suspended), and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 8 January 2013, indicates the applicant was diagnosed with Adjustment disorder with disturbance of conduct. He was psychiatrically cleared for administrative separation from a behavioral health standpoint. Report of Medical History, dated 5 February 2013, indicates the applicant and examiner noted behavioral health issues and explained that they occurred after an IED explosion. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 18 May 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is currently employed with a health plan. 7. REGULATORY CITATION(S): 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. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), misconduct (drug abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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. The applicant's record of service and the issues 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, 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 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. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Although the applicant did not raise any behavioral health issues, a careful review of the available record indicates the applicant's behavioral health issues symptoms existed. 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 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 30 August 2017, and by a 5-0 vote, the Board determined that the discharge was improper. The Board found the overall length and quality of the applicant's service, to include combat service and wounding, post service accomplishments, a prior period of honorable service and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and TBI) mitigated the discrediting entry in the service record. Therefore, the Board granted relief in the form of an upgrade to the characterization of service to honorable, changed the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 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 / Change to RE code to 3 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 AR20160011621 1