1. Applicant's Name: a. Application Date: 2 November 2016 b. Date Received: 15 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests and upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that his misconduct was the result of his attempt to cope with his issues from deployment. Throughout his eleven years he has had a pretty busy time during four combat tours to Afghanistan. During these deployments he took a number of indirect and direct fire attacks but nothing major. The applicant contends he was stationed in Germany for four years. He ran the company operations for an entire engineer company. He has been on more vehicle recovery missions than he can count and earned and received a number of awards and decorations for his efforts. He contends because of the many issues he has experienced in his eleven year career is why he has to deal with all the problems he have in his head. He was using drugs to clear his head of some of the stuff that was bothering him and did not want his depression to get the best of him. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with PTSD. However, due to the nature of the misconduct, PTSD does not mitigate the misconduct. In a records review conducted at Arlington, VA on 27 April 2018, 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 8 August 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 June 2014 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using methamphetamines between 24 May 2014 and 28 May 2014 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 27 June 2014 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service or description of separation no less favorable than general (under honorable conditions) (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 November 2013 / 3 years b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 124 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91B1S, H8 Wheeled Vehicle Mechanic / 11 years, 7 months, 1 day d. Prior Service / Characterizations: RA, 8 January 2003 to 10 July 2005 / HD RA, 11 July 2005 to 25 November 2013 / HD e. Overseas Service / Combat Service: Alaska, Germany, SWA / Afghanistan (27 November 2004 to 28 June 2005; 20 May 2007 to 22 July 2008; 19 November 2009 to 28 October 2010; and 27 February 2013 to 21 October 2013) f. Awards and Decorations: ARCOM-4, AAM-2, MUC, AGCM-3, ACM-4CS, NDSM, GWOTSM, NOPDR, ASR, OSR-3, CAB g. Performance Ratings: No reports for the period of service under review h. Disciplinary Action(s) / Evidentiary Record: No-Contact Orders, dated 9 April 2014 and 5 May 2014 FG, Article 15, dated 20 May 2014, for failure to go at the time prescribed to his appointed place of duty on 1 May 2014 and disobeying a lawful order from a commissioned officer to not have physical contact with his wife, an order which it was his duty to obey on 8 May 2014. The punishment consisted of reduction to E-4 (suspended), 45 days extra duty and restriction, and an oral reprimand. Electronic Copy of DD Form 2624, dated 10 June 2014, reflects the applicant tested positive for DMETH 198 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 28 May 2014. Record of Supplementary Action Under Article 15, UCMJ, dated 26 July 2014, vacated the suspension of reduction to E-4 imposed on 20 May 2014. The vacation was based on the applicant's wrongful use of methamphetamines between 24 May 2014 and 28 May 2014. FG, Article 15, dated 27 July 2014, for wrongfully using methamphetamines between 24 May 2014 and 28 May 2014. The punishment consisted of reduction to E-1, forfeiture of $765 pay ($515 pay per month for two months suspended) 45 days extra duty, and 45 days restriction (suspended). Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 6 June 2014, shows that the applicant could understand and participate in administrative proceedings, he could appreciated the difference between right and wrong. The applicant met the medical fitness standards for retention per AR 40-501 3-31 to 3-37 as there was no indication of a board-able behavioral health disorder at that time. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; and several letters/emails of support. 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 and upgrade of 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 his misconduct was the result of his attempt to cope with his issues from deployment. Throughout his eleven years he has had a pretty busy time during four combat tours to Afghanistan. During these deployments he took a number of indirect and direct fire attacks but nothing major. The applicant contends he was stationed in Germany for four years. He ran the company operations for an entire engineer company. He has been on more vehicle recovery missions than he can count and earned and received a number of awards and decorations for his efforts. He contends because of the many issues he has experienced in his eleven year career is why he has to deal with all the problems he have in his head. He was using drugs to clear his head of some of the stuff that was bothering him and did not want his depression to get the best of him. 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 and the applicant is to be commended on his accomplishment. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. Also, the record of evidence does not demonstrate that he sought relief from his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. It should be noted, by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 April 2018, 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 a New Separation Order: No 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 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 AR20170000370 4