1. Applicant's Name: a. Application Date: 3 November 2016 b. Date Received: 7 November 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 and a narrative reason change. The applicant seeks relief contending, in effect, he was discharged due to misconduct (drug abuse). On 18 October 2016, he was granted a 50 percent service-connected disability rating for PTSD. This disability is directly related to his military service and his combat experience. This condition is noted in his VA treatment records and it clearly states in his Rating Decision that drug abuse is just one of the many symptoms that comes with his disability. In light of this decision and his PTSD diagnosis, he believes his discharge characterization is unjust. He humbly requests that his discharge be ungraded without delay. He states, he served the Army honorably and he is forever in service to the country. Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case file, AHLTA and JLV. AHLTA notes indicate applicant had extensive ASAP involvement while on active duty. According to ASAP, applicant had history of daily drinking which preceded his deployment to Iraq. This pattern of drinking did not cause applicant to have any legal or work related difficulties. After Iraq, however, his drinking increased substantially with applicant admitting he could not control his craving for alcohol. While on active duty, he attended a 28 day inpatient rehabilitation program. Unfortunately, he was unable to maintain his sobriety and drank shortly after being discharged from the program. After graduating from the alcohol rehab program in early Dec 2010, he become despondent over his drinking, drank heavily and became suicidal, necessitating hospitalization on inpatient psychiatry for a short period of time. His commander reported to psychiatry that applicant was an excellent soldier. In Jan 2011, ASAP recommended to applicant's commander that he receive a chapter 9 discharge for alcohol rehab failure. It appears ASAP and applicant's command had several discussions regarding his discharge with ASAP strongly recommending a Chapter 9 discharge. Command, however, elected to discharge applicant with a chapter 14 separation instead. At time of discharge, applicant was on numerous medications to treat his alcohol dependence: Prozac, Remeron, Naltrexone, Antabuse. Review of VA notes indicates that applicant is 70% service connected for PTSD with the diagnoses of alcohol abuse and drug abuse subsumed under the PTSD diagnosis. VA notes also indicate applicant has a history of homelessness. Based on the available information, applicant's has a Behavioral Health diagnosis, PTSD, which mitigates his substance abuse and alcohol related misconduct (use of cocaine, being drunk on duty, DUI, incapacitation from alcohol and disobeying a lawful order to not drink alcohol). The diagnosis of PTSD does not mitigate lying to his commander. In a records review conducted at Arlington, VA on 26 January 2018, 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, homelessness, the circumstances surrounding the discharge (i.e. post-service, VA diagnosis of PTSD with 70% service-connected disability rating and in-service alcohol disorder and behavioral health diagnoses) 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: 29 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons: He tested positive for cocaine on 18 January 2011; He was found drunk on duty on 10 December 2010; He received a DUI on 8 November 2010; On diverse occasions, he had disobeyed lawful orders; He had lied to his battery commander; and, On diverse occasions he was incapacitated for the proper performance of his duties. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 March 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 February 2009 / 5 years b. Age at Enlistment / Education / GT Score: 25 / GED / 119 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13B10, Cannon Crewmember / 3 years, 9 months, 16 days d. Prior Service / Characterizations: RA, 14 Jun 2007 - 3 February 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (22 July 2009 - 1 July 2010) f. Awards and Decorations: ARCOM, MUC, AGCM, NDSM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Thurston County District Court docket, dated 6 November 2010, reflects the applicant was charged with driving while under the influence of an intoxicating liqueur. CG Article 15, dated 13 June 2009, for willfully disobeying a lawful order (16 June 2009); and, failed to obey a lawful order (16 June 2009). The punishment consisted of a reduction to E-3 (suspended); forfeiture of $409 pay (suspended); and, extra duty and restriction for 14 days. FG Article 15, dated 18 January 2011, for willfully disobeying a lawful order (6 November 2010); making a false official statement (6 November 2010); and, he was found drunk while on duty (10 December 2010). The punishment consisted of a reduction to E-4; forfeiture of $1,061 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Laboratory Confirmed Biochemical Test Results, dated 3 February 2001, reflects the applicant tested positive for COC 11909 (cocaine), during an Inspection Other (IO) urinalysis testing, conducted on 18 November 2011. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant was hospitalized at the Madigan HS Inpatient Psychiatric Unit following reported suicidal ideation while heavily intoxicated with alcohol. Emergency Department Discharge Sheet, dated 6 November 2010, reflects the applicant was diagnosed with Alcoholism. The applicant provided a copy of his VA disability rating decision, dated 18 October 2016, which reflects the applicant was rated 50 percent disability for PTSD (also claimed as depression, alcohol abuse, anxiety condition, drug abuse, sleep disturbances, and stress). Summary of SARD Rehabilitation Failure, dated 16 December 2010, reflects on 10 December 2010, the applicant was declared a rehabilitation failure. The soldier has not made satisfactory progress toward achieving the criteria for successful rehabilitation as outlined in AR 600-85, para 8-13. Further rehabilitation efforts in a military environment are not justified in light of the applicant's lack of progress; and, discharge from military service should be affected. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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). 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 and a narrative reason change. 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 narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635- 200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the Veterans Administration has granted him a service connected disability for Post-Traumatic Stress Disorder (PTSD). 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 applicant's service record contains a partial mental status evaluation, which indicates the applicant could participate in any administrative actions deemed appropriate by his command. Further, the record did reflect he had been diagnosed with alcoholism and that he had failed rehabilitation for his condition. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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 26 January 2018, 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, homelessness, the circumstances surrounding the discharge (i.e. post-service, VA diagnosis of PTSD with 70% service-connected disability rating and in-service alcohol disorder and behavioral health diagnoses) 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 AR20160018720 1