1. Applicant's Name: a. Application Date: 11 August 2016 b. Date Received: 26 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, that he was discharged while he was misdiagnosed with PTSD for substance abuse immediately following enrollment in the Army Substance Abuse Program (ASAP). He had returned from an inpatient program in Portland, OR when he was told he was being discharged. He is doing everything available to fix his problems and has found more things and believes an honorable discharge could make all the difference. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses included Adjustment Disorder with Disturbance of Emotion and Conduct, Opioid Abuse, Drug Seeking Behavior, Adjustment Disorder, Nightmare Disorder, Occupational Problem, Alcohol Dependence, Chronic PTSD (2011; 1 visit). He had a post deployment screen on 13 September 2011. He endorsed that he was concussed during his deployment, had nightmares, and had had experience during his deployment that left him suspicious, vigilant, and numb or detached. Although his Separation Mental Status Exam, dated 13 September 2011, cleared him for discharge and noted positive screens for PTSD and TBI, screens which were consistent with the available records, the MSE examiner rejected PTSD and TBI as diagnoses and cleared him for any action brought against him. The note diagnosing PTSD noted his drinking and drug use pre-dated his PTSD: JLV showed a VA service-connected Disability rating of 60%. Diagnoses on his VA problem list included Major Depressive Disorder (recurrent, moderate), Nicotine Dependence, PTSD (unspecified), Alcohol Dependence (uncomplicated), Alcoholic Fatty Liver, Cocaine and Opioid dependence in Remission (2016), Anxiety Disorder (unspecified), Other Depressive Episodes, JLV showed he had had 398 outpatient encounters with the VA and DoD. Records showed he has had eight VA hospitalizations for Alcohol or mental illness since his discharge and that he also had a hospitalization in January 2012 for 3 days at Madigan. His discharge summary showed diagnoses of Adjustment Disorder with Disturbance of Mood and Conduct and a personality diagnosis of "Antisocial Traits." He had been admitted to hospital after reporting an overdose. He had also had a positive urine screen and was facing consequences when this OD report occurred. The totality of the applicant's history is incompatible with mitigation of his drug abuse, as the abuse began well before his deployment. His AWOL periods also seem driven by difficulties related to the detection of his drug abuse. In a records review conducted at Arlington, VA on 27 October 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 26 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 reason: wrongfully using marijuana between 6 June 2011 and 15 July 2011 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 March 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 March 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 June 2008 / 4 years, 17 weeks b. Age at Enlistment / Education / GT Score: 22 / GED / 109 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13F10, Fire Support Specialist / 3 years, 6 months, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (7 July 2009 to 11 July 2010) f. Awards and Decorations: AAM, AGCM, NDSM, ACM-2CS, GWOTSM, NOPDR, ASR, OSR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: There are two positive urinalysis reports contained in the record coded IR, (Inspection Random), that show the applicant tested positive for THC on 6 July 2011 and 15 July 2011. FG Article 15, dated 9 January 2012, for wrongfully using marijuana between 6 June and 15 July 2011. The punishment consisted of reduction to E-4, forfeiture of $1,007 pay per month for two months (suspended), and 45 days extra duty and restriction. The applicant received several negative counseling statements for acts of misconduct and and for purposes of performance counseling. i. Lost Time / Mode of Return: AWOL 117 days; AWOL 55 days (26 October 2011 to 19 December 2011) / mode of return unknown; AWOL 13 days (11 February 2012 to 23 February 2012) / mode of return unknown; AWOL 4 days (8 March 2012 to 11 March 2012) /surrendered; and AWOL 45 days (13 March 2012 to 26 April 2012) / mode of return unknown j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 13 September 2011, shows the applicant was diagnosed with an Axis I for (309.29 Adjustment Disorder) and (303.90 Alcohol Dependence (in early remission)). The evaluation shows the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was screened for Post-Traumatic Stress Disorder and mild Traumatic Brain Injury. The applicant screened positive for both; however, he was assessed and PTSD and TBI were ruled out. It was also noted that at the time of the evaluation the applicant was being treated at ASAP. The applicant was cleared from a mental health perspective for any administrative/disciplinary action. The Report of Medical History Documents, dated 1 March 2012, in the file shows the applicant had been diagnosed with an adjustment disorder and was in counselling and taking medication to help with his symptoms. He was instructed to continue follow up with behavior health as directed for further treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letter of support; and a newspaper article titled "Discharges to be investigated." 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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. 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 was discharged while he was misdiagnosed with PTSD for substance abuse immediately following enrollment in the Army Substance Abuse Program (ASAP). He had returned from an inpatient program in Portland, OR when he was told he was being discharged. He is doing everything available to fix his problems and has found more things and believes an honorable discharge could make all the difference The applicant's contentions were noted; however, evidence in the record shows the applicant had been diagnosed with an adjustment disorder and was in counseling and taking medication to help with his symptoms. He was also screened for Post-Traumatic Stress Disorder and mild Traumatic Brain Injury. He screened positive for both; however, he was assessed and PTSD and TBI were ruled out. 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 bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was misdiagnosed with PTSD at the time of discharge. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 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 October 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160015482 4