1. Applicant's Name: a. Application Date: 18 October 2016 b. Date Received: 28 October 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of her under other than honorable conditions discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, the character of service, separation authority, and narrative reason for separation listed on the applicant's DD Form 214 were not approved by the General Officer in Command, were not in accordance with the evidence of record, and were contradictory to applicable Army regulation. Additionally, the statutory requirements indispensable to separate a Soldier in lieu of trial by court-martial were not followed in the applicant's separation. Per the Board's Medical Officer, based on the information available for review at the time, the examiner recommended the patient be separated under chapter 5-17 because of her "pervasive personality disorder." She also judged that the applicant met Army medical retention standards and did not warrant a MEB from a psychiatric perspective. JLV did not show a VA SC disability percentage. The applicant has a complicated psychiatric history; however, the available evidence is insufficient to show her discharge was not proper and eqjitable from a behavioral health viewpoint. The applicant MEB was for fibromyalgia, with her administrative discharge arising from positive urine screens after the MEB process started. In a records review conducted at Arlington, VA on 17 January 2018, and by a 5-0 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, blocks 24, 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, characterization of service changed to General, Under Honorable Conditions b. block 25, separation authority changed to AR 635-200, paragraph 14-12c (2), c. block 26, separation code changed to JKK, d. block 28, narrative reason for separation changed to Misconduct (Drug Abuse). (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: 30 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 13 August 2014 / General (Under Honorable Conditions) / The separation authority approved the applicant's discharge under the provisions of AR 635-200, Chapter 14-12c (2). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 October 2010 / 4 years b. Age at Enlistment / Education / GT Score: 25 / Associate's Degree / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 36B10, Financial Management Technician / 4 years, 1 month, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR, COA-4 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Forms, dated 12 February 2014, notifying the applicant she was being flagged for drug abuse adverse action and ASAP enrollment. The reason stated was that she tested positive for THC from a urinalysis that was conducted on 8 January 2014. In addition she was command referred to ASAP. Developmental Counseling Forms, dated 24 February 2014, notifying the applicant she was being recommended for separation under provisions of AR 635-200, Chapter 14-12c, testing positive for THC from a urinalysis that was conducted on 8 January 2014. FG Article 15, dated 31 March 2014, for wrongfully using THC (between 21 December 2013 and 21 January 2014). The punishment consisted of a reduction to E-3; and, forfeiture of $1,107 pay per month for two months (suspended). Memorandum, dated 6 August 2013, reflects the applicant was disqualified for the award of the Army Good Conduct Medal, based on her receiving an Article 15, on 5 April 2013. Memorandum, dated 13 August 2014, reflects the separation authority approved the applicant's discharge, under the provisions of AR 635-200, Chapter 14-12c (2), Misconduct - Abuse of Illegal Drugs. The separation authority also considered the findings of the Medical Evaluation Board prior to rendering his decision. The applicant's approved characterization of service was a General (Under Honorable Conditions) discharge. Memorandum, dated 18 August 2014, reflects a legal review of the applicant's involuntary separation under the provisions of AR 635-200, Chapter 14-12c (2), Misconduct - Abuse of Illegal Drugs and the findings of the Medical Evaluation Board, to be legally sufficient. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 4 March 2014, 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. The applicant was diagnosed with an Adjustment Disorder with Mixed Emotional Features (by record) (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: Online application with allied legal brief. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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, through counsel, requests an upgrade of her under other than honorable conditions discharge to honorable and a narrative reason change. The applicant's available record of service, the issues and documents submitted with her 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 her service. The applicant's record is void of the complete specific facts and circumstances concerning the events which led to her discharge from the Army. However, the applicant's record does contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. Additionally, the service record contains the separation authority's decision. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant's service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as under other than honorable conditions; block 25, separation authority as AR 635-200, Chapter 10; block 26, separation code (SPD) as KFS; and, block 28, narrative reason for separation as in lieu of trial by court-marital. The discharge packet confirms the separation authority approved the discharge under the provisions of AR 635-200, chapter 14-12c (2), by reason of misconduct (drug abuse) with a characterization of service of general (under honorable conditions). Soldiers processed for misconduct (drug abuse) will be assigned an SPD Code of JKK. The applicant contends that she began suffering behavioral health issues and used THC to cope. The applicant's service record contains documentation that supports a diagnosis of in service adjustment disorder, with mixed emotional features; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 4 March 2014, the applicant underwent a mental status evaluation, which indicates she was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears, the applicant's chain of command determined that she knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that she had good service. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Notwithstanding the administrative errors, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 January 2018, and by a 5-0 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, blocks 24, 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, characterization of service changed to General, Under Honorable Conditions b. block 25, separation authority changed to AR 635-200, paragraph 14-12c(2), c. block 26, separation code changed to JKK, d. block 28, narrative reason for separation changed to Misconduct (Drug Abuse). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: Misconduct (Drug Abuse) d. Change Authority to: AR 635-200, Chapter 14-12c(2) e. Change SPD/RE Code to: Change SPD to JKK / No change to RE code 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 AR20160016950 1