1. Applicant’s Name: a. Application Date: 3 March 2015 b. Date Received: 18 June 2015 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, he wants to use the benefits he earned during his tour in Afghanistan. The applicant contends that he suffers from PTSD and TBI since being deployed and that his transgressions were a direct result of PTSD and TBI. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a behavioral health diagnosis which was likely mitigating for the offenses which led to his separation from the Army. The applicant was diagnosed with Post Traumatic Stress Disorder (PTSD) while still on Active Duty. Review of the Active Duty electronic medical records revealed that he had a history of polysubstance abuse and alcohol abuse requiring inpatient treatment in November of 2013. He was also hospitalized for suicidal and homicidal ideations in February 2014. In March 2014 he received an Axis I diagnoses of Post Traumatic Stress Disorder (previously diagnosed) and Polysubstance abuse. Because PTSD can be associated with substance abuse, there was likely a nexus between this applicant's PTSD and his drug use. The applicant's alleged traumatic brain injury (TBI) was substantiated in the medical records. However, the mild TBI occurred in January 2014, after the illicit drug use. Neuropsychological assessment reported a normal recovery from the TBI with some findings related to the applicant's childhood history of ADHD and a learning disability. The TBI was not relevant in this case. In a records review conducted at Arlington, VA on 26 August 2016, and by a 5-0 vote, 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 circumstances surrounding his discharge (i.e. in-service diagnosis mitigating behavioral health conditions, PTSD). 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 proper and equitable and voted not to change it. (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: 22 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 January 2014 (2) Basis for Separation: The applicant wrongfully used cocaine, dextroamphetamines, methamphetamines, methylenedioxymethamphetamines, and methylenedioxyamphetamines (between 25 October 2013 and 28 October 2013). (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 9 April 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 25 April 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 13 September 2011 / 3 years and 20 weeks b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 94 c. Highest Grade Achieved/MOS/Total Service: E-3 / 19D10, Cavalry Scout / 2 years, 8 months, and 10 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Afghanistan (18 November 2012 - 16 June 2013) f. Awards and Decorations: ARCOM, NDSM, ACM-CS, GWTSM, ASR, NATO Medal, CAB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Electronic copy of the DD Form 2624, dated 15 November 2013, reflects the applicant tested positive for cocaine, dextroamphetamines, methamphetamines, methylenedioxymethamphetamines and methylenedioxyamphetamines during an Inspection Random (IR) urinalysis testing conducted on 28 October 2013. FG Article 15, dated 29 January 2014, for wrongfully using cocaine, dextroamphetamines, methamphetamines, methylenedioxymethamphetamines, and methylenedioxyamphetamines (between 25 October 2013 and 28 October 20130). The punishment consisted of a reduction to E-1, forfeiture of $765.00 pay for two months (suspended), and 45 days of extra duty and restriction. The applicant received a negative counseling statement for drug use and pending separation action. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822 (Report of Mental Status Evaluation), dated 22 April 2014, reflects applicant the applicant was diagnosed with (Axis I) polysubstance dependence. He was cleared by TBI Clinic on 22 April 2014. The applicant was cleared from a behavioral health perspective for administrative separation in accordance with AR 635-200. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 3 March 2015, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 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 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. 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 general, under honorable conditions discharge to honorable. The applicant’s record of service and the issues 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. 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 his service below that meriting an honorable discharge at the time of his separation. 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. The applicant contends that he wants to use the benefits he earned during his tour in Afghanistan. Eligibility for veteran's 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. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant further contends that he suffers from PTSD and TBI since being deployed and that his transgressions were a direct result of his PTSD and TBI. The service record contains no evidence of PTSD or a TBI diagnosis. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his misconduct was a direct result of PTSD and TBI. Further, the applicant is to be commended for his effort. This contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process. 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 26 August 2016, and by a 5-0 vote, 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 circumstances surrounding his discharge (i.e. in-service diagnosis mitigating behavioral health conditions, PTSD). 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 proper and equitable and voted not to change it. 10. 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 (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010815 4