IN THE CASE OF: BOARD DATE: 24 June 2015 CASE NUMBER: AR20140004354 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include, his combat service and documentary evidence showing PTSD issues and post service diagnosis, and as a result, it is inequitable. It is concluded that the aforementioned conditions may have been a causative factor in the misconduct that led to the discharge. After carefully weighing that fact against the severity of the applicant’s misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant’s service to honorable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was both proper and equitable and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge. 2. The counsel on behalf of the applicant states, in pertinent part and in effect, the request is made based on reasons of propriety and equity. In the counsel-authored brief, the counsel outlined the applicant’s service to include his combat tour, the awards he earned, and the circumstances surrounding his medical issues which led to his current discharge. The applicant was a victim of a substantial error in fact by the Army as he was misdiagnosed with an adjustment disorder and found fit for duty, when he was clearly suffering from PTSD. He attempted to use his chain of command for help but was denied. He began to self-medicate with marijuana which ultimately led to his discharge. His NCO recommended him to not enter ASAP because it would have severe negative ramifications on his Army career. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 4 March 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 4 May 2012 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: HHC, 1st Bn, 506th Infantry Regiment, 4th BCT, 101st Airborne Division (Air Assault), Fort Campbell, KY f. Current Enlistment Date/Term: 9 October 2008, 4 years g. Current Enlistment Service: 3 years, 6 months, 26 days h. Total Service: 3 years, 6 months, 26 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 68W10, Health Care Specialist m. GT Score: 112 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Afghanistan (100820-110814) q. Decorations/Awards: ARCOM; ACM-2CS; GWOTSM; NATO MDL; ASR; OSR; CMB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 9 October 2008, for a period of 4 years. He was 18 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 68W10, Health Care Specialist. He served in Afghanistan; earned an ARCOM; and completed 3 years, 6 months, and 26 days of his active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 14 March 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason misconduct-abuse of illegal drugs, specifically for wrongfully using marijuana (111119-111219). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 21 March 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 4. On 18 April 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 4 May 2012, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK, and an RE code of 4. 6. The applicant’s service record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 2 February 2012, for wrongfully using marijuana (111119-111219). The punishment consisted of a reduction to the grade of E-1, forfeiture of $745 per month for two months, and 45 days of extra duty and restriction, (FG). 2. Report of Mental Status Evaluation, dated 2 March 2012, indicates the applicant was diagnosed with anxiety disorder NOS and negative results for PTSD and TBI, and was cleared for separation action. The report further indicates the applicant was interviewed about his behavioral health issues and the events leading up to his discharge action. 3. A negative counseling statement, dated 2 January 2012, for failing to obey an order or regulation; experiencing an anxiety attack and while seeking medical treatment, a toxicology screening revealed having traces of THC; and failing to inform his chain of command. 4. Report of Medical History, dated 19 January 2012, at page 3, the treating medical examiner made entries relating to the applicant’s anxiety disorder. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided his counsel-authored brief; DD Form 214 for service under current review; ARCOM certificate; Permanent Orders awarding CMB, dated 4 January 2011; health records, dated 3 January 2012; counseling statement, dated 2 January 2012; Report of Medical Assessment, dated 19 January 2012; Report of Medical History, dated 19 January 2012; Article 15 counseling, dated 30 January 2012; Article 15, dated 2 February 2012; Report of Mental Status Evaluation, dated 2 March 2012; PTSD checklist; FLAG action, dated 6 March 2012; separation notification memorandum, dated 14 March 2012; applicant’s election of rights, dated 21 March 2012; battalion commander’s recommendation, undated; separation authority’s decision memorandum, dated 18 April 2012; exclusion letter, dated 23 April 2012; health records, dated 26 January 2010 through 27 February 2012; VA letter and PTSD diagnosis, dated 20 December 2012; applicant’s mother supporting statement; and applicant’s self-authored statement. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1.  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. 2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. 4. 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, paragraph 14-12c(2), misconduct (drug abuse). 5. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and to change the narrative reason for his discharge was carefully considered. 2. After examining the applicant’s record of service, his military records, and the documents and issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Length and quality of service: The applicant served three years, six months and twenty six days of his four-year enlistment; thus the preponderance of his service was honorable. b. The record confirms the applicant served a combat tour in Afghanistan and earned an ARCOM. c. The applicant’s record reflects documentary evidence of his mental health issues and treatment for symptoms of possible PTSD while on active duty and was diagnosed post service with PTSD by VA. 3. This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The PTSD evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 4. 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. 5. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: Yes [redacted] Witnesses/Observers: NA Board Vote: Character Change: 3 No Change: 2 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140004354 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1