1. Applicant's Name: a. Application Date: 23 June 2016 b. Date Received: 30 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under honorable other than conditions to honorable. The applicant seeks relief contending, in effect, he had PTSD then and now. He was not given enough help with it. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV reviewed. Applicant was diagnosed with the following Behavioral Health diagnoses while in Army: Alcohol Use Disorder, Anxiety Disorder NOS, Major Depressive Disorder, mild. AHLTA notes indicate applicant had significant problems after returning from deployment with his wife who was an alcoholic. Applicant was followed by ASAP for domestic abuse-he participated fully with their program and eventually ended up divorcing wife. JLV indicates applicant is 70% service connected for PTSD. Based on the available information, the applicant has a behavioral health condition-PTSD- which is mitigating for the misconduct leading to his discharge from the Army. There is a nexus between PTSD and the use of illicit substances as self-medication. In a records review conducted at Arlington, VA on 13 September 2017, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. 70% service-connected, post-service diagnosis of PTSD and other behavioral health issues) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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, 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 / Under Other Than Honorable Conditions b. Date of Discharge: 18 May 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 10 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he tested positive for cocaine x2 (10 October 2010 and 21 January 2011). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 22 March 2011 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 10 May 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 January 2010 / 4 years b. Age at Enlistment / Education / GT Score: 26 years / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 4 years, 1 month, 3 days d. Prior Service / Characterizations: RA, 16 April 2007 to 25 January 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq x2 (26 January 2008 to 2 June 2008) and (6 October 2009 to 18 September 2010) f. Awards and Decorations: AAM, AGCM, NDSM, ICM-2CS, GWOTSM, ASR, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 9 December 2010, for wrongful use of cocaine between (9 October 2010 and 12 October 2010); reduction to PVT / E-1, forfeiture of $723 pay for two months (suspended), extra duty for 45 days and restriction for 45 (suspended). Two positive urinalysis tests coded IU (Inspection Unit), dated 12 December 2010 and 21 January 2011, both for cocaine. Summary Court-Martial, dated 12 April 2011, the applicant was found guilty of wrongful use of cocaine between (18 January 2011 and 21 January 2011). He was sentenced to confinement for 15 days The applicant received several negative counseling statements for various acts of misconduct; being recommended for a mental evaluation and separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA medical record / progress notes, dated 2 April 2016, revealed that the applicant was diagnosed with PTSD and granted a service connected 70 percent disabling rating. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); three character / support statements; patient inquiry, work copy only (two pages); VA medical record / progress notes (eight pages); letter, Director, Case Management Division and a DD Form 214. 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. 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 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. 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 the characterization of service from under honorable other than conditions 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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 a general (under honorable conditions) or an honorable discharge at the time of separation. 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 seeks relief contending, he had PTSD then and now. The VA medical record / progress notes shows that the applicant was diagnosed with PTSD and granted a service connected 70 percent disabling rating. The fact of the Veterans Administration granting the applicant service connection for a mental conditions the applicant may have suffered from while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. 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. The applicant further contends, he was not given enough help with it. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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 13 September 2017, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. 70% service-connected, post-service diagnosis of PTSD and other behavioral health issues) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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, 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 AR20160012128 5