1. Applicant’s Name: a. Application Date: 18 June 2015 b. Date Received: 25 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 had a hard time transitioning from his deployment, the constant pressures of fear, anxiety, and anticipation. He foolishly smoked marijuana one time to relieve stress and never smoked again. He was discharged for drug use, but did not have nor did he ever have a positive urinalysis. The applicant admitted his wrong doing. The applicant contends that his he did not deserve a general discharge and that his chain of command failed him. He desires to receive VA benefits to further his education. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The Active Duty electronic medical records were reviewed. In a records review conducted at Arlington, VA on 26 August 2016, and by a 4-1 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. 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 30 September 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 August 2011 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; misconduct-abuse of illegal drugs (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: Waived, 9 August 2011 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 13 September 2011 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 8 October 2008 / 4 years and 21 weeks b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 106 c. Highest Grade Achieved/MOS/Total Service: E-4 / 13D10, Field Artillery Automation / 2 years, 11 months, and 23 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (28 February 2010 - 5 February 2011) f. Awards and Decorations: AAM-2, NDSM, ICM-CS, GWTSM, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 12 May 2011, for wrongfully using marijuana (between 7 February 2011 and 11 February 2011). The punishment consisted of a reduction to E-1, forfeiture of $733.00 pay for two months, and 45 days of extra duty and restriction. DA Form 3822-R (Report of Mental Status Evaluation), dated 2 May 2011, reflects the applicant met the retention standards prescribed in Chapter 3, AR 40-501 and there was no psychiatric disease or defect which warrants disposition through medical channels. He was psychiatrically cleared for any administrative (or judicial) action deemed appropriate by command. His TBI and PTSD screenings were negative and he has no significant signs or symptoms of TBI. The applicant received a negative counseling statement dated 19 April 2011, for drug use. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement (two pages); two support statements; two DD Forms 214; applicant’s resume; health care provider, certification card; and a certified fitness trainer certificate. 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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 general, under honorable conditions discharge to honorable. The applicant’s record of service, the issues and documents 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 further contends that he had a hard time transitioning from his deployment, the constant pressures of fear, anxiety and anticipation never leave. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Community Counseling Center, and other medical resources available to all Soldiers. The service record contains no evidence of a diagnosis of anxiety or stress and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends he foolishly smoked marijuana one time to relieve stress, which caused his discharge from the Army. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he was discharged for drug use, but did not have nor did he ever have a positive urinalysis. The evidence of record shows that the applicant admitted in a sworn statement he smoked marijuana with another Soldier and knew wrongful use and possession of a controlled substance (marijuana) was against UCMJ. The applicant does not feel he deserved the general discharge and that his chain of command failed him. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant desires to receive VA benefits to further his education. 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 third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 4-1 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. 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 AR20150011271 4