1. Applicant's Name: a. Application Date: 13 July 2016 b. Date Received: 19 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, he was prescribed opiate medication for pain and became addicted; and due to the fact it really helped with his PTSD, anxiety, depression, sleep, it was his go to thing and it was the only way he felt functional. He has received treatment for almost a year at a methadone clinic that helped turn his life around; and with the help of his fiancé and family support, he can finally say he is clean. He was a great Soldier who served his country honorably and his issues came from his service in Afghanistan. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses included Chronic Pain Syndrome, chronic PTSD (2 visits: May 2011 , July 2011), Cognitive Disorder, Drowsiness, Fatigue, history of traumatic brain injury, Major Depressive Disorder, Memory Lapses or Loss, Nightmare Disorder, Opioid Dependence, Post-concussion Syndrome, and PTSD. MEBs found him not to meet medical retention standards because of several conditions, including PTSD; however, the PEB rejected the MEB as diagnoses as unfitting. He has since attained a 100% rating from the VA. He has had a 100% rating that is effective since 23 November 2011. His VA problem list in JLV includes Opioid Dependence, Major Depressive Disorder, Chronic Pain, Substance Abuse, Antisocial Personality Disorder (December 2014), Borderline Personality Disorder (December 2014), and Head Injury. Based on available records, the applicant's apparent tendency to report very high numbers of symptoms, his pre-enlistment history, it was impossible to determine if his mental health conditions mitigate his misconduct or whether personality disorder that was subsequently diagnosed by the VA was responsible for the applicant's multiple instances of misconduct. In a records review conducted at Arlington, VA on 27 September 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, board judgement and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses 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 to the characterization of service to general under honorable conditions. This action entails restoration of grade to E-2/PV2. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 22 November 2011 c. Separation Facts: Yes (1) Date Charges Were Preferred: 7 September 2011 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 7 September 2011, the applicant was charged with the following offenses; he did wrongfully distribute five (5) 10mg Vicodin pills, a Schedule Ill Controlled Substance (7 April 2011); and he did wrongfully distribute twenty-five (25) 10mg Vicodin pills, a Schedule Ill Controlled Substance, and seventeen (17) 20mg OxyContin pills, a Schedule II Controlled Substance (15 April 2011). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 4 October 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 November 2011 / Under Other Than Honorable Conditions / the applicant was reduced to the lowest enlisted grade. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 August 2008 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 18 years / GED Certificate /108 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 3 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 24 February 2009 to 31 December 2009 f. Awards and Decorations: NDSM, ACM-CS, GWOTSM, ASR, OSR, NATO MDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: A positive urinalysis test coded IR (Inspection Random), dated 4 April 2011, for DAMP. FG Article 15 dated, 8 June 2011, for without authority, fail to go at the time prescribed to his appointed place of duty x2 (12 April 2011 and 7 April 2011); and wrongfully used DAMP (Amphetamine) between (1 April 2011 and 4 April 2011); reduction to PV2 / E-2, extra duty and restriction for 30 days. The record contains several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: MEB Evaluation Board Proceedings, dated 4 August 2011, diagnosed the applicant with PTSD and major depressive disorder; he failed to meet retention standards in accordance with AR 40-501, Chapter 3-33. Letter, U.S. Army Physical Evaluation Board, dated 30 August 2011, relates the applicant had MEB 1 diagnoses of PTSD and MEB 2 of major depressive disorder. The PEB found that MEB diagnoses were not unfitting independently or combined. VA Document, dated 9 August 2013, revealed that the applicant was diagnosed with PTSD and granted a service connected 100 percent disabling rating and migraines with a 30 percent disabling rating. His overall or combined rating was 100 percent, effective 23 November 2011. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); New York VA Regional Office (three pages); two DD Forms 214; VA statement in support of claim (six pages); period of service memorandum; eight third party statements in support of VA claim; letter, Samaritan Behavioral Health Services; letter, Defense Counsel (two pages); support statement for disability claim (two pages); applicant statement to support request for discharge (5 pages); letter, VA compensation decision (two pages); letter, VA summary of benefits (three pages); and a letter, VA denial of education benefits. 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered 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." "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 other than honorable conditions to general (under honorable conditions) or honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant seeks relief contending, he was prescribed opiate medication for pain and became addicted; due to the fact it really helped with his PTSD, anxiety, depression, sleep; it was his go to thing and it was the only way he felt functional. MEB proceedings show that the applicant was diagnosed with PTSD and a major depressive disorder; the MEB indicated he failed to meet retention standards. The applicant submitted a VA document that revealed the applicant was diagnosed with PTSD and granted a service connected 100 percent disabling rating and migraines with a 30 percent disabling rating. His overall or combined rating was 100 percent, effective 23 November 2011. The applicant further contends, he has received treatment for almost a year at a methadone clinic that helped turn his life around; and with the help of his fiancé and family support, he can finally say his clean. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant also contends, he was a great Soldier who served his country honorably and his issues came from his service in Afghanistan. The applicant's service accomplishments and the quality of his service to include his combat service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. 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 27 September 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, board judgement and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses 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 to the characterization of service to general under honorable conditions. This action entails restoration of grade to E- 2/PV2. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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: E-2/PV2 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 AR20160013279 1