1. Applicant's Name: a. Application Date: 5 December 2015 b. Date Received: 12 December 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 at the time of discharge he was self-medicating for his untreated PTSD. He deployed for 15 months in 2008 to 2009, and during that time he had minimal troubles. One instance was for drinking after his deployment. This incident was also a result of his self- medicating. Upon his return in 2009 he was up for Special Forces Assessment selection and injured himself. As a result of that he was able to come back after his surgery. As a result of all that he later abused cocaine. He feels that had he been properly diagnosed and treated he would still be serving today. 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, his most serious mental health problems appear to have emerged after he left active duty. Therefore, a nexus between the PTSD and the misconduct is not likely. In a records review conducted at Arlington, VA on 7 February 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 14 April 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 March 2011 (2) Basis for Separation: The applicant was informed of the following reason: wrongful use of cocaine between (12 February 2011 and 15 February 2011) (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 16 March 2011, the applicant waived legal consultation (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 April 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 June 2007 / 5 years, 17 weeks b. Age at Enlistment / Education / GT Score: 24 / GED / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13R10, FA Fire Finder RDR OPR / 3 years, 9 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (10 June 2008 to 5 August 2009) f. Awards and Decorations: ARCOM, AAM, NDSM, ICM-2CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DA Form 2624, dated 24 February 2011, reflects the applicant tested positive for COC 1396 during an Inspection Random (IR) urinalysis testing conducted on 15 February 2011. FG, Article 15, dated 7 March 2011, for wrongful use of cocaine between (12 February 2011 and 15 February 2011). The punishment consisted of reduction the E-1 (suspended), and 45 days extra duty and restriction. The applicant received several negative counseling statements for various acts of misconduct, performance and monthly counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 22 September 2010, shows the applicant was diagnosed with an Axis I for (Adjustment Disorder with Mixed Emotional Features (CRDAMC R&R Center)). It was noted that the applicant had received three Company Grade Article 15's January 2010 and June 2010 for FTR and August 2010 for being intoxicated on duty. The applicant no longer wished to remain in the Army. He had been seen for outpatient treatment in the CRDAMC R&R Center and had been referred off- post. It was highly recommended that the applicant continue in treatment for depression and sleep problems. The applicant was mentally responsible, able to distinguish right from wrong and to adhere to the right and had the mental capacity to understand and participate in any administrative proceedings. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. Further, it would be in the best interest of the Army and the applicant to administratively separate him expeditiously. It was also noted that the applicant was screened for PTSD and TBI; neither were evident during this evaluation. It should be noted that the applicant submitted documents from the Department of Veterans Affairs showing he received 70 percent service connected disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; partial letter from the Department of Veterans Affairs which shows the applicant receives 70 percent service connected disability for PTSD. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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 at the time of discharge he was self-medicating for his untreated PTSD. He deployed for 15 months in 2008 to 2009, during this time he had minimal troubles; one instance was for drinking after his deployment. This incident was also a result of his self-medicating. Upon his return in 2009 he was up for Special Forces Assessment selection and injured himself. As a result of that he was able to come back after his surgery. As a result of all that he later abused cocaine. He feels that had he been properly diagnosed and treated he would still be serving today. The applicant's contentions were noted; however, the Report of Mental Status Evaluation, dated 22 September 2010, in the applicant's record shows he was diagnosed with an Axis I for (Adjustment Disorder with Mixed Emotional Features (CRDAMC R&R Center)). However, it was noted that he was mentally responsible, able to distinguish right from wrong and to adhere to the right and had the mental capacity to understand and participate in any administrative proceedings. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. It was in the best interest of the Army and the applicant to administratively separate him expeditiously. It was also noted that the applicant was screened for PTSD and TBI; neither were evident during this evaluation. The documents submitted by the applicant from the Department of Veterans Affairs which show he is receiving 70 percent service connected disability for PTSD was noted; however, the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. 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 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 7 February 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 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 AR20170000679 3