1. Applicant's Name: a. Application Date: 10 August 2016 b. Date Received: 11 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he would like to improve his possibilities for getting help in the areas of employment, medical coverage and his ability to utilize veteran services for his PTSD. The applicant contends that he is 100 percent accountable for all of his actions; however, after seeing the new memorandum passed 3 September 2014 for PTSD related discharges he hoped he might qualify. His guilt and shame has kept him from applying since his discharge. However, some of his former squad leaders and first sergeant who he served under have repeatedly told him considering all of the circumstances leading to his dischargeable actions he should try to at least apply to the Army Discharge Review Board. He believes his diagnosed cannabis dependence was attributed to his dischargeable actions which was waived prior to his entry date into the military. This was an underlying issue in his life that he hoped he would get away from through his military service. However, during his second deployment he broke down mentally. His pride kept him from admitting his PTSD since those with PTSD at the time were considered week and not allowed to go on missions. It was not long after that he resorted to his old ways of relieving stress and anxiety through the use of cannabis. He contends he asked his chain of command if he may complete some kind of mental or drug counseling while he was being chaptered in fear of going home broken beyond repair, he was approved, however, his new chain of command chose to discharge him. After his discharge he became addicted to methamphetamines and went on a three year rampage of hurting those who cared the most about him. He racked up 16 charges of which four were forth degree felonies. The judge handling his case was a veteran and instead of giving him 18 years in prison, he was sentence to rehab because he was a first time offender as an adult and had never received any help for his PTSD or drug use. He has now been clean and sober going on three and a half years and is never looking back. He believes the only thing that has kept him from getting many jobs is his discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a behavioral health condition that mitigates some of his misconduct. The applicant's military records indicate a symptom picture consistent with PTSD. As PTSD is associated with the use of alcohol and drugs to self-medicate symptoms, there is likely a nexus between the applicant's PTSD and his violation of a general order by possessing alcohol as well as his violation of wrongfully using hashish. PTSD is mitigating for these two offenses. As PTSD is associated with avoidant behaviors, there is a nexus between his PTSD and his being Absent Without Leave (AWOL). PTSD is mitigating for this offense. PTSD, however, does not mitigate the offense of wrongfully distributing hashish nor does it mitigate the offense of making a false statement. In a record review hearing conducted at Arlington, VA on 24 July 2017, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry eligibility (RE) code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 27 July 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 February 2010 (2) Basis for Separation: The applicant was informed of the following reasons: being absent without leave from 11 December 2009 to 15 December 2009; Violating a lawful general order by wrongfully possessing alcohol on 13 June 2009, while deployed; Wrongfully using hashish between 23 March 2009 and 22 April 2009, while deployed; Wrongfully distributed hashish between 1 April 2009 and 15 April 2009, while deployed; and With the intent to deceive made a false official statement to Captain J.A.M. (3) Recommended Characterization: Under Other than Honorable Conditions. It should be noted that in the unit commander's recommendation memorandum dated 1 March 2010, the commander recommended that the applicant be retained in the Army. (4) Legal Consultation Date: 23 February 2010 (5) Administrative Separation Board: The applicant waived his right to appear before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge by the separation authority. On 30 March 2010, the applicant conditional waiver was denied and the applicant's was ordered to appear before an administrative separation board by the separation authority. On 26 May 2010, the applicant unconditionally waived his right to appear before an administrative separation board. (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 February 2006 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 5 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (31 January 2006 to 26 May 2007 and 1 January 2009 to 28 November 2009) f. Awards and Decorations: AGCM, NDSM, AFGM-2CS, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 7 October 2009, for violating a lawful general order by wrongfully possessing alcohol on 13 June 2009, making a false official statement to Captain J.A.M., that he was not smoking hash on 15 April 2009, wrongfully using hashish while receiving special pay between 23 March 2009 and 22 April 2009, wrongfully distributed hashish while receiving special pay between 1 April 2009 and 15 April 2009, wrongfully possessed hashish while receiving special pay on 19 April 2009 and 12 July 2009, and wrongfully distributed hashish while receiving special pay on 12 July 2009. The punishment consisted of reduction to E-1 and forfeiture of $700 pay per month for two months. Summary Court-Martial, dated 3 February 2010, for going AWOL from 11 December 2009 until his return on 15 December 2009. The applicant was sentenced to forfeiture of $500.00 pay per month for one month and confinement for 30 days. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: AWOL for five days (11 December 2009 to 15 December 2009) j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental status Evaluation, dated 7 January 2010, shows the applicant was diagnosed with an Axis I for cannabis dependence; by history. At the time there was no evidence of a cognitive disorder or severe mental disease or defect. From a psychiatric perspective, the applicant meet retention requirements and commands full capacity. No evident of safety concerns. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. However, the applicant was to initiate behavioral and ASAP treatment and should have continued with recommendations until separation was complete. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293; self-authored letter; recommendation letter; Army Substance Abuse Program (ASAP) Enrollment form; report of mental status evaluation form; statement of wartime service; certificate for award of the Army Achievement Medal; certificate of achievement; certificate of training; and award of the NATO medal. The ASAP enrollment form submitted by the applicant shows he was command referred as a result of marijuana and alcoholic use. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 under other than honorable conditions discharge to general (under honorable conditions). 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 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 that he is 100 percent accountable for all of his actions; however, he believes his discharge should be upgrade based on the new memorandum passed 3 September 2014 for PTSD related discharges he hopes he might qualify. The applicant's contentions were noted; however, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The Report of Mental status Evaluation, dated 7 January 2010, shows the applicant was diagnosed with an Axis I for cannabis dependence; by history. However, at the time of discharge there was no evidence of a cognitive disorder or severe mental disease or defect. From a psychiatric perspective, the applicant meet retention requirements and commands full capacity. No evident of safety concerns. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. 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 expressed his desire for an upgrade of his discharge for the purpose of improving his possibilities for getting help in the areas of employment, medical coverage and his ability to utilize veteran services for his PTSD. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. It should be noted, that the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for Misconduct (Serious Offense) will be assigned an SPD Code of JKQ and an RE Code of 3. 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 record review hearing conducted at Arlington, VA on 24 July 2017, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry eligibility (RE) code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change / RE-3 f. Restore (Restoration of) 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 AR20160014684 6