1. APPLICANT’S NAME: a. Application Date: 24 March 2015 b. Date Received: 30 March 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general, under honorable conditions discharge to honorable and a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant states, in effect, her discharge is unjust for a few reasons. “She was a Solider from the Warrior Transition Unit (WTU) who attempted suicide in Afghanistan.” She was harassed and bullied by individuals in her unit. After her ectopic pregnancy, she was severely depressed with anxiety and had marital issues. She could not adjust to the many emotional changes and as result of it all; she turned to drugs. She was diagnosed with agoraphobia, anxiety, depression, bi-polar with PTSD. Her commander chaptered her when she met the psychiatric criteria for a Chapter 5-17 discharge. Her psychiatrist recommended a Chapter 5-17 discharge due to her lengthy history. In a personal appearance hearing conducted at Arlington, Virginia, on 7 December 2015, and by a 5-0 vote, after carefully examining the applicant’s record of service during the period of enlistment under review, the Board determined the discharge is inequitable. The Board found the length of the applicant's service to include her combat service and the circumstances surrounding her discharge (i.e., behavioral health diagnosis of numerous severe pre-existing in-service mental health conditions exacerbated by combat deployment resulting in VA disability), mitigated the discrediting entries in her service record. Accordingly, the Board voted to grant partial 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. This action does not entail a change to the reentry eligibility (RE) code. (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 Discharge b. Date of Discharge: 18 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 November 2011 (2) Basis for Separation: The applicant was informed of the following reasons for her discharge: Receiving a CG Article 15 (15 October 2010), for multiple failure to be at her appointed place of duty; Receiving a FG Article 15 (29 July 2011), wrongfully using marijuana, a schedule 1 controlled substance; (3) Recommended Characterization: General, Under Honorable Conditions Discharge (4) Legal Consultation Date: 5 December 2011 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 4 January 2012 / General, Under Honorable Conditions Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 September 2007 / 4 years and 22 weeks b. Age at Enlistment/Education/GT Score: 21 years / HS Graduate / 91 c. Highest Grade Achieved/MOS/Total Service: SPC / E-4 / 42A10, Human Resources Specialist / 4 years, 3 months and 29 days/ block 12c on the applicant’s DD Form 214 net active service this period, is incorrect and should read as annotated in the CRD. d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Afghanistan (26 February 2010-21 June 2010) f. Awards and Decorations: NDSM, ACM-W/CS, GWOTSM, ASR, NATO MDL, CERT /ACH g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 15 October 2010, for without authority, failing to go at the time prescribed to her appointed place of duty x4 (27 August 2010, 26 August 2010, 23 August 2010 and 24 June 2010); reduction to PFC/E-3 (suspended), forfeiture of $488 pay (suspended), extra duty for 14 days and an oral reprimand. FG Article, 15 dated 29 July 2011, for wrongfully using marijuana (30 April 2011-31 May 2011); reduction to PFC/E-3, forfeiture of $975 pay for two months (suspended) and extra duty for 45 days. A positive urinalysis test coded IR (Inspection Random), dated 31 July 2011, for THC. Three initial/monthly counseling statements and two negative counseling statements for testing positive for THC. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Metroplex Health System, Behavioral Health Reports, dated 12 August 2014, indicates the applicant was diagnosed with bipolar one disorder, depressed with psychotic features, panic order with agoraphobia, generalized anxiety disorder and PTSD. She had other problems which included mood instability, suicidality, psychosis, depression, anxiety, irritability and substance abuse. She was prescribed several medications for treatment of these conditions. Report of Mental Status Evaluation, dated 8 November 2011, indicates the applicant was unfit for duty due to a personality disorder or other mental condition which does not amount to a medical disability. A psychiatric exam was requested by authority. The applicant manifests a long-standing, chronic pattern of difficulty adjusting (i.e., Adjustment Disorder) as characterized by; a maladaptive reaction to an identifiable stressful life event of six months or longer. The applicant was screened for Post Traumatic Stress Disorder (PTSD) and mild Traumatic Brain Injury (mTBI) and both screens were negative. The applicant met the psychiatric criteria for expeditious administrative separation IAW Chapter 5-17. However, she was cleared for administrative separation under provisions of AR 635-200, Chapter 14. Separation Physical, dated 18 October 2011, indicates the applicant was diagnosed with insomnia, depression and anxiety. 5. APPLICANT-PROVIDED EVIDENCE: Online application (eight pages); individual work center site schedule report; and a DD Form 214. Additional document; Metroplex Health System medical documents (24 pages). 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 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 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. 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). The SPD Code/RE Code Cross Reference Table shows a Soldier assigned a SPD Code of "JKK" will be assigned a RE Code of 4. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of her general, under honorable conditions discharge to honorable and a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant’s record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant’s discharge was appropriate because the quality of her 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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 her service below that meriting an honorable discharge at the time of her separation. 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 "JKA" 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). The regulation further stipulates no deviation is authorized. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned a RE code of 4. A RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The applicant seeks relief contending her discharge is unjust for a few reasons. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant’s numerous incidents of misconduct adversely affected the quality of her service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant further contends, “she was a Solider from the WTU who attempted suicide in Afghanistan.” The service record contains no evidence of an attempted suicide in Afghanistan and the applicant did not submit any evidence to support this contention or the discharge was the result of any medical condition. The applicant also contends, she was harassed and bullied by individuals in her unit. Although the applicant alleges she was harassed and bullied during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support her request for an upgrade of her discharge. The applicant additionally contends after her ectopic pregnancy she was severely depressed with anxiety and had marital issues; she could not adjust to the many emotional changes and as result of it all; she turned to drugs. She had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record she ever sought such assistance before committing the misconduct which led to the separation action under review. Furthermore, the applicant contends she was diagnosed with agoraphobia, anxiety, depression, bi-polar with PTSD. In service medical documents (i.e., mental status evaluation and separation physical) indicate the applicant was diagnosed with insomnia, depression and anxiety. She was also unfit for duty due to a personality disorder or other mental condition which did not amount to a medical disability. Metroplex Health System, Behavioral Health Reports, indicates the applicant was diagnosed with a bipolar one disorder, depressed with psychotic features, panic order with agoraphobia, generalized anxiety disorder and PTSD. She had other problems which included mood instability, suicidality, psychosis, depression, anxiety, irritability and substance abuse. She was prescribed several medications for treatment of these conditions. Lastly, the applicant contends, her commander chaptered her when she met the psychiatric criteria for a Chapter 5-17 discharge; and her psychiatrist recommended a Chapter 5-17 discharge due to her lengthy history. Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional document(s): a. Certificate of Completion - (2 pages) b. Letter of Character/Recommendation - (3 pages) c. Signature Page – (3 pages) 2. The applicant presented the following additional contention(s): a. Requests change to Re-Entry Code b. Change separation to something more favorable In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150005377 1