1. Applicant's Name: a. Application Date: 10 May 2016 b. Date Received: 1 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he believes that his complete service was not considered during the separation proceedings. He states the only bad incident he had, automatically gave him a lower discharge. He states other Soldiers that were discharged with the same circumstances were able to receive upgrades to their discharges. He states that he has a mental health issue as a result of his military service. Since his discharge, he has conducted himself honorably and believes that a couple of bad choices in the Army, should not continue to be a burden for him for the rest of his life. He states that he was diagnosed with PTSD after his discharge, which was not considered by his chain of command at the time of the separation proceedings. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV were reviewed. AHLTA indicates applicant began complaining of deployment related symptoms (nightmares, irritability, insomnia, short temper) shortly after returning from deployment. AHLTA also indicates applicant had no substance abuse encounters prior to returning from deployment. Applicant's PCL score was 49 (50 or above indicates PTSD), TBI screen was positive at 7. (No follow up for TBI score found in AHLTA). JLV indicates applicant has been diagnosed with Depressive Disorder NOS, PTSD, TBI, Anxiety, Opioid Abuse. Based on the available information, the applicant has a mitigating condition, PTSD, for the offenses leading to his discharge from the Army. As PTSD is associated with avoidant behaviors, there is a nexus between his PTSD and the offenses of being AWOL, and failing to report. As PTSD is associated with irritability and difficulties with authority figures, there is a nexus between his PTSD and his two counts of disrespectfulness toward an NCO. As PTSD is associated with use of illicit substances to self-medicate symptoms, there is a nexus between his PTSD and the wrongful use of cocaine and marijuana. In a records review conducted at Arlington, VA on 17 November 2017, 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, the circumstances surrounding the discharge and AWOL (i.e. limited use violation and post-service, VA diagnosis of PTSD and OBH) 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), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 13 August 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 July 2010 (2) Basis for Separation: The applicant was informed of the following reasons: Convicted at a Summary Court-Martial and received a Field Grade Article 15; Convicted at a Summary Court-Martial on 14 June 2010, for nine violations of Article 86 (Absent without Leave/Failure to Report), two violations of Article 91 (Disrespect to a Noncommissioned Officer/Willful Disobedience of a Noncommissioned Officer), and a violation of Article 112a (Wrongful Use of Cocaine). Received a Field Grade Article 15 on 25 March 2010, for a violation of Article 86 (Absent without Leave). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 14 July 2014 (5) Administrative Separation Board: On 7 June 2010, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 30 June 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 May 2008 / 4 years, 22 weeks b. Age at Enlistment / Education / GT Score: 22 / GED / 111 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92F10, H7 Petroleum Supply Specialist / 2 years, 1 month, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (2 February 2009 - 2 February 2010) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Six Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 9 March 2010; From "AWOL" to "PDY," effective 15 March 2010; From "PDY" to "AWOL," effective 9 May 2010; From "AWOL" to "PDY," effective 13 May 2010; From "PDY" to "In Confinement," effective 14 June 2010; and, From "In Confinement" to "PDY," effective 8 July 2010. FG Article 15, dated 24 March 2010, for being AWOL (between 9 and 15 March 2010). The punishment consisted of a reduction to E-1; forfeiture of $723 pay; and, extra duty and restriction for 45 days. Electronic Copy of DD Form 2624, dated 29 March 2010, reflects the applicant tested positive for COC 2620 (cocaine), during an Inspection Unit (IU) urinalysis testing, conducted on 22 March 2010. CID Report of Investigation - Initial Final, dated 15 April 2010, reflects an investigation established probable cause to believe the applicant committed the offense of wrongful use of a controlled substance when he submitted a urine specimen on 22 March 2010, during the conduct of a unit urinalysis test, which subsequently tested positive for cocaine. Electronic Copy of DD Form 2624, dated 6 May 2010, reflects the applicant tested positive for THC 43 (marijuana), during a command directed (CO) urinalysis testing, conducted on 30 April 2010. Report of result of Trial, reflects the applicant was tried in a Summary Court-Martial on 14 June 2010. The applicant was charged with 12 specifications. The summary of offenses, pleas and findings: Violation of Article 86, Failure to report, guilty, consistent with the plea on all the specifications: Between 9 and 13 May 2010 (AWOL); On 3 May 2010; On 2 May 2010 (x2); On 22 April 2010; On 18 April 2010; On 9 April 2010; On 8 April 2010; and, On 7 April 2010. Violation of Article 91, two specifications; guilty, consistent with the plea on both specifications: On 21 May 2010; disrespectful in language and deportment; and, On 21 May 2010, disobeyed a lawful order. Violation of Article 112a, wrongfully used cocaine, between 15 and 22 March 2010; Guilty, inconsistent with the plea. Sentence: Confinement for 30 days. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 32 days (AWOL, 9 - 14 March 2010; AWOL, 9 - 12 May 2010; Military Confinement, 14 June - 8 July 2010) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: Mental Status Evaluation, dated 14 May 2010, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant was mentally responsible with a clear thinking process. The applicant was diagnosed with: Alcohol Abuse (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: Has conducted himself honorably. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." "Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution 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 under other than honorable conditions discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's separation packet contains two electronic DD Forms 2624 (Specimen Custody Document for Drug Testing) which reflect that one of the urinalysis tests was coded CO, which indicates "Command Directed" testing." The government introduced these documents into the discharge process revealing the applicant's commander had a reasonable suspicion that he was using a controlled substance, but did not have probable cause to warrant the urinalysis. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. The discharge was not consistent with the procedural and substantive requirements of the regulation, was bit within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 November 2017, 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, the circumstances surrounding the discharge and AWOL (i.e. limited use violation and post-service, VA diagnosis of PTSD and OBH) 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), and the separation code to JKN. 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: JKN / No Change f. Restore (Restoration of) 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 AR20170003156 1