1. Applicant's Name: a. Application Date: 30 July 2016 b. Date Received: 2 August 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 effect, his discharge was inequitable because it was during the first six months of him returning from deployment. He was a young Soldier, with little guidance from leadership, who made a mistake. He would like to reenter the military. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a mitigating Behavioral Health Disorder (PTSD). As PTSD is associated with the use of substances to self-medicate symptoms, there is a nexus between his PTSD and the misconduct leading to his discharge from the Army (use of marijuana, possession of medication not prescribed to him). AHLTA records indicate the applicant was seen by behavioral health soon after returning from deployment in December 08 for sadness due to marital issues. He was diagnosed with Generalized Anxiety Disorder. Seen four months later for problems with depression and anger; diagnosed with Adjustment Disorder and referred to Anger Management Group. Review of JLV indicates that the applicant is 100 percent service connected for Major Depressive Disorder, recurrent, with psychotic features. VA record also indicates that the applicant has been diagnosed with PTSD due to combat; symptoms include flashbacks, nightmares, intrusive recollections, irritability, hypervigilance, isolative behaviors and poor sleep. JLV indicates that the applicant made suicide attempt after returning from deployment- overdosed on medication. In a personal appearance hearing conducted at Arlington, VA on 24 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the quality of the applicant's service, his combat service, his severe family matters, and the circumstances surrounding his discharge (i.e. in-service other behavioral health, 100 percent service connected VA disability, and post service-connected PTSD diagnosis) 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, 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: 18 June 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 May 2009 (2) Basis for Separation: The applicant was informed of the following reasons: received a FG Article 15 for wrongful use of marijuana; and, stopped by Fort Hood police who found a bottle of prescription pills (Wellbutrin), which was later determined that he was illegally possessing the prescription pills (27 April 2009). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 May 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 June 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 July 2007 / 4 years b. Age at Enlistment / Education / GT Score: 18 / GED / 99 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25L10, Cable Systems Installer / Maintainer / 1 year, 10 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (30 July 2008 to 7 December 2008) f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: A positive urinalysis test coded IU (Inspection Unit), dated 24 March 2009, for THC. FG Article 15, dated 28 April 2009, for wrongful use of marijuana (24 February 2009 to 24 March 2009). The punishment consisted of a reduction to E-1, forfeiture of $699 pay for two months (suspended), and extra duty for 45 days. Several negative counseling statements for a positive urinalysis test, disrespecting an NCO, failing to obey an order or regulation, non-compliance with procedural rules, illegal possession of prescription medication and lying to a commissioned officer. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 8 April 2009, reflects the applicant was screened for PTSD and traumatic brain injury and both were negative. There was no psychiatric disorder currently creating impairment such that the he failed retention standards prescribed in Chapter 3, AR 40-501, and there was no psychiatric disease or defect, which warrants disposition through medical channels. There was no evidence of psychosis; suicidal or homicidal thoughts or a major affective or anxiety disorder. He was able to distinguish right from wrong and was responsible for his actions. He was psychologically cleared for Chapter 14 or any other administrative action deemed appropriate by Command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted by the applicant. 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. 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, 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 an honorable discharge at the time of his 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 contends that his discharge was inequitable because it was during the first six months of his return from deployment. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant further contends, he was a young Soldier with little guidance from leadership, who made a mistake. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant would like to reenter the military. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 testimony and issues presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented the following additional contention(s): Change Reentry Eligibility (RE) code to 3 or 1. c. Witness(es) / Observer(s): Hilliard Jenette - friend - (O) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 24 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the quality of the applicant's service, his combat service, his severe family matters, and the circumstances surrounding his discharge (i.e. in-service other behavioral health, 100 percent service connected VA disability, and post service-connected PTSD diagnosis) 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, and the reentry code to RE-3. 11. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Offenses) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKA / Change RE 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 AR20160013869 1