IN THE CASE OF: BOARD DATE: 15 July 2015 CASE NUMBER: AR20140007390 ___________________________________________________________________________ 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 of service, to include, her combat service and the documentary evidence showing PTSD issues and diagnosis, and as a result, it is inequitable. It is concluded that the PTSD condition 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 general, under honorable conditions. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails a restoration of grade to E-2/PV2. 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 her service from under other than honorable to honorable. 2. The applicant states, in effect, it has been seven years since her discharge. She does not want her past mistakes to inhibit her desire to further her education and career. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 22 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 9 November 2007 d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Paragraph 14-12c(2), JKK, RE-4 e. Unit of assignment: 1st Space Co, 1st Space Bn, 1st Space Bde, Peterson Air Force Base, CO f. Current Enlistment Date/Term: 27 January 2005, 3 years, 24 weeks g. Current Enlistment Service: 2 years, 9 months, 13 days h. Total Service: 2 years, 9 months, 13 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 14J10, Air Defense C41 Tactical Operations Center Enhanced Operator Maintainer m. GT Score: 114 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (060423-061111) q. Decorations/Awards: AAM; NDSM; GWOTEM; GWOTSM; ASR 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 27 January 2005, for a period of 3 years and 24 weeks. She was 19 years old at the time of entry and a high school graduate. She was trained in and awarded military occupational specialty (MOS) 14J10, Air Defense C41 Tactical Operations Center Enhanced Operator Maintainer. She served in Iraq. She earned an AAM. She completed 2 years, 9 months, and 13 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record shows on 16 July 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense, specifically for the following incidents: a. testing positive for methamphetamine (061224-070104) and b. failing to be at her appointed place of duty at the prescribed time on four separate occasions (070626, 070501, 070329, and 070315). 2. The unit commander recommended an under other than honorable conditions discharge and advised the applicant of her rights. 3. On 19 July 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board, and did not submit a statement on her 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 of the separation with an under other than honorable conditions discharge. 4. On 14 September 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The applicant was reduced to the lowest enlisted grade. 5. The applicant was discharged from the Army on 9 November 2007, with a characterization of service of under other than 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 does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is a positive urinalysis report contained in the record: IR, Inspection Random, 4 January 2007, methamphetamines and amphetamines. 2. Article 15, dated 28 February 2007, for wrongfully using methamphetamine (061224-070104) with a punitive letter of reprimand. The punishment consisted of a reduction to the grade of E-2, forfeiture of $729 per month for two months (suspended), 45 days of extra duty and restriction, and a written reprimand, (FG). 3. Nine negative counseling statements, dated between 2 March 2007 and 15 February 2007, for testing positive for unauthorized substance as a result of a urinalysis; being command referred to ASAP; failing to be at her appointed place of duty at the prescribed time; failing to secure a guidon for accountability formation; corrective training; exceeding the authorized screening weight and body fat content; performance being unsatisfactory; being insubordinate; and failing to obey an order or regulation. 4. Medical Evaluation Board Proceedings, dated 31 May 2007, indicates a delayed onset of PTSD. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. 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 her discharge was carefully considered. 2. After examining the applicant’s record of service, her military records, and the issues submitted with the application, there are mitigating factors to merit an upgrade of the applicant's discharge to general, under honorable conditions for the following reasons: a. Length of service: The applicant served over two years and nine months. b. The record confirms the applicant served a combat tour in Iraq and earned an AAM. c. The applicant’s record reflects documentary evidence of her mental health issues and treatment for symptoms of a diagnosed PTSD while on active duty. 3. This recommendation is made after full consideration of all of the applicant’s faithful and generally 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 that an upgrade of her discharge would allow her to return to school and further her career. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board; however she would have to contact a local office of the Department of Veterans Affairs for further assistance. Further, the Board does not grant relief solely for the purpose of attaining veterans’ benefits or gaining employment or enhancing employment opportunities. 5. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. 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: 15 July 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 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: General, Under Honorable conditions Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: E-2/PV2 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) AR20140007390 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1