1. Applicant's Name: a. Application Date: 29 July 2016 b. Date Received: 8 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 based on one isolated incident, during his 60 months in the Army and he believes the action was unfair. He states before his discharge, he had requested help due to his inability to cope with garrison life, but his request was ignored. He was immediately discharged on his first offence, while other members of the company were not discharged after repeated offences of the same misconduct. He believes that he was discharged due to favoritism and pushed out of the military as quickly and quietly as possible. He is requesting an upgrade so that he can move up in society without the discharge hindering his progress. He has been out of the Army for four years with no legal troubles of any kind. 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 had mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. A review of military medical records indicated that SM had diagnoses of Chronic Major Depression, Anxiety, Alcohol Abuse, and Marital Problems. Mental Status Exam dated 10 February 2012 indicated SM screened positive for PTSD and TBI. SM reported marital problems, issues in childhood to include experiencing violence from step-father, and stress related to combat deployment to include irritability, sleep problems, panic attacks, hypervigilance, and tearfulness. Medical note dated 11 October 2011 indicated a diagnosis of PTSD with a delayed onset was being considered and required further assessment. A provisional diagnosis of PTSD was also considered on 2 December 2011; however, he primarily met criteria for an Anxiety Disorder NOS and Major Depression which he indicated feeling since joining the Army, with it being exacerbated following deployment. SM also has a PTSD diagnosis from the VA. In summary, SMs symptoms of PTSD and Depression can be associated with use of alcohol and substances for self-medication, risk-taking behaviors, impaired judgment, and impulsivity, there is a nexus between this applicant's misconduct (use of marijuana) and his behavioral health symptoms. In a records review conducted at Arlington, VA on 13 October 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e., VA post-service diagnosis of PTSD) 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 10 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons: Wrongfully used Dextroamphetamines, between on or about 25 September and 25 October 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 May 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 March 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 December 2008 / 4 years b. Age at Enlistment / Education / GT Score: 26 / GED / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 5 years, 3 months, 1 day d. Prior Service / Characterizations: RA, 10 January 2007 - 7 December 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq (5 April 2008 - 20 April 2009) f. Awards and Decorations: ICM-2CS, ARCOM, AAM-2, AGCM, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 7 November 2011, reflects the applicant tested positive for DAMP 296 DMETH 887, during an Inspection Unit (IU) urinalysis testing, conducted on 25 November 2011. FG Article 15, dated 21 December 2011, for wrongfully using Dextroamphetamines (between 25 September and 25 October 2011). The punishment consisted of a reduction to E-1; forfeiture of $400 pay per month for two months; and, extra duty for 45 days. Report of Mental Status Evaluation, dated 10 February 2012, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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. 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 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 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 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 the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had asked for help, but his request was ignored. However, 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 applicant contends that other Soldiers with similar offenses were not discharged. However, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The applicant contends that an upgrade of his discharge will allow him to move up in society. However, the Board does not grant relief for this purpose or for the sole purpose of gaining employment or enhancing employment opportunities. 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 October 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. VA post-service diagnosis of PTSD) 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 AR20160014189 1