1. Applicant’s Name: a. Application Date: 6 July 2015 b. Date Received: 13 July 2015 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general, under honorable conditions. The applicant seeks relief contending, in effect, his drug abuse was onset by opiate prescription drugs for an injury – compartmental syndrome right leg. While on the medication, the applicant found out that his wife was having an affair with his section sergeant. The applicant started abusing marijuana, cocaine and drinking heavy, which led to his driving while intoxicated (DWI) felony. The applicant contends that he just returned from OIF II, he was in a new unit, and he felt that his anxiety caused or contributed to his situation as well. It also created tension within the platoon, lack of trust and motivation, added to problems with his spouse and work. Per the Board’s Medical Officer, based on the information available for review at the time to include review of the military electronic medical record, the applicant had no mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. In a records review conducted at Arlington, VA on 9 September 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 28 July 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 June 2006 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge: failed to go to his appointed place of duty on divers occasions (between 14 September 2005 and 9 March 2006); disobeyed a lawful order from his superior commissioned officer (3 March 2006 and 5 March 2006); failed to obey a lawful order from a noncommissioned officer (16 January 2006); made a false official statement (15 February 2006); wrongfully used cocaine (8 February 2006; wrongfully used marijuana (26 April 2006); and, received a FG Article 15 for being disrespectful to a noncommissioned officer, disobeying a noncommissioned officer, and dereliction of his duties (7 March 2006). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 22 June 2006 (5) Administrative Separation Board: Unconditionally Waived, 22 June 2006 (6) Separation Decision Date/Characterization: 5 July 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 2 March 2005 / 5 years b. Age at Enlistment/Education/GT Score: 21 / GED / 91 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11C10, Indirect Fire Infantryman / 4 years, 6 months, and 7 days d. Prior Service/Characterizations: RA (22 January 2002-1 March 2005) / HD e. Overseas Service/Combat Service: SWA / Iraq (10 March 2004-10 March 2005) f. Awards and Decorations: AGCM, NDSM, GWTEM, GWTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 7 March 2006, for being disrespectful in language toward a noncommissioned officer (25 January 2006), disobeying a lawful order from a noncommissioned officer (23 Jan 2006), and being derelict in the performance of his duties (22 January 2006). The punishment consisted of a reduction to E-2, forfeiture of $713.00 pay for two months, forfeiture of $713.00 for one month (suspended), extra duty and restriction for 45 days, and an oral reprimand. DD Form 458 (Charge Sheet), dated 7 June 2006, reflects the applicant was being charged with violation of the UCMJ, Article 112a, wrongful use of marijuana, a Schedule I controlled substance. DD Form 2329 (Record of Trial by Summary Court-Martial), dated 29 June 2006, reflects the applicant was found guilty of failing to go at the time prescribed to his appointed place of duty on divers occasions (14 September 2005, 31 January 2006, 15 February 2006, 17 March 2006, and 9 March 2006), disobeyed a lawful command from his superior commissioned officer (5 March 2006 and 3 March 2006), wrongfully using cocaine (between 8 February 2006 and 6 March 2006), and wrongfully using marijuana (between 26 April 2006 and 30 March 2006). The applicant was sentenced to a reduction to E-1, forfeiture of 2/3 pay for one month, and confinement for 30 days. The applicant received a negative counseling statement for notification of chapter proceedings. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DD Form 2808 (Report of Medical Examination), dated 3 February 2006, the medical examiner indicated that the applicant was depressed. DA Form 3822 (Report of Mental Status Evaluation), dated 4 May 2006, reflects the applicant was diagnosed with (Axis I) Alcohol Dependence, in early remission and (Axis II) Antisocial Traits. The applicant was psychologically cleared for administrative action deemed appropriate by command and had the mental capacity to understand and participate in administrative proceedings. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 6 July 2015; DD Form 214; Disabled American Veterans Letter, dated 6 July 2015; and Chief, Congressional Liaison and Inquiries letter and associated documents, dated 24 June 2016. 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 under other than honorable conditions discharge to honorable or general, under honorable conditions. 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 a general, under honorable conditions or 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 his drug abuse was onset by opiate prescription drugs. In addition, the applicant’s marital problems and stress at work also affected his behavior, which ultimately led to his discharge. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant further contends that his anxiety caused or contributed to his situation as well. However, the service record contains no evidence of an anxiety diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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 9 September 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150011999 5