1. Applicant’s Name: a. Application Date: 7 August 2015 b. Date Received: 13 August 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of being able to receive his GI Bill benefits. The applicant contends although he was discharged with a 14-12c (misconduct) he completed his four years contract and served an 11 month deployment to Afghanistan. His discharge was initiated due to repeated abuse of marijuana and since his discharge he has been to rehab and no longer uses any drugs. Per the Board’s Medical Officer, based on the information available for review at the time to include 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. Hospitalized for suicidal ideation in October 2012 in response to wife asking for a divorce. Started behavioral health treatment and ASAP in November 2012 for depressive symptoms and alcohol abuse. Mental Status exam on 16 May 2013, the applicant was diagnosed with Adjustment Disorder with Depressed Mood (depressive symptoms were in response to pending chapter 14). Despite positive cannabis use, he did not meet criteria for substance abuse/dependence. He screened negative for PTSD and was psychiatrically cleared. The applicant indicated on Report of Medical History dated 9 May 2013 that he had depression with suicidal thoughts. Partial hospitalization from 29 July 2013 to 3 September 2013 for depression and polysubstance dependence, with noted improvement in mood and affect. In a records review conducted at Arlington, VA on 28 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: 10 February 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 January 2014 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully used marijuana (between 16 April 2013 and 16 May 2013; between 3 May 2013 and 3 June 2013; and between 8 June 2013 and 8 July 2013); wrongfully used Oxymorphone (between 9 May 2013 and 16 May 2013); and, wrongfully used cocaine (between 1 July 2013 and 8 July 2013). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF; however, a memorandum for record, dated 28 October 2013, from Trial Counsel, indicated the applicant on 18 September 2013, the applicant’s separation packet was sent to him who was incarcerated in Montgomery County Jail. PS Form 3811, Article Number 700828100001 8656 2419 was received back from the Montgomery County Jail dated 26 September 2013. IAW AR 635-200, paragraph 2-2g and paragraph 2-14c, due to no election being made by the applicant, the applicant unconditionally waived his rights outlined in AR 635-200. It was noted on 28 October 2013, the separation action now would be forwarded through the chain of command for disposition. A memorandum for record, dated 17 December 2013, from the TDS, NCOIC, shows on 18 September 2013, the applicant’s administrative separation packet was set to him at the Montgomery County Jail. The applicant did not return his election of rights, and on 28 October 2013, it was considered that the applicant unconditionally waived his rights to an administrative separation board, in accordance with AR 635-200, paragraphs 2-2g and 2-14c. On 17 December 2013, SFC A.D.J., went to the Montgomery County Jail to meet with the applicant and discuss if he understood and intended to unconditionally waive his right to an administrative separation board. The applicant stated that he understood about the administrative separation board hearing and the he was waiving his right to an administrative separation board. (5) Administrative Separation Board: See c(4) above (6) Separation Decision Date/Characterization: 18 December 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 October 2012 / 4 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 108 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 4 years and 10 days d. Prior Service/Characterizations: RA, 5 August 2009 – 30 September 2012 / HD e. Overseas Service/Combat Service: Germany, SWA / Afghanistan (1 July 2010 – 27 April 2011) f. Awards and Decorations: AAM, AGCM, AGC-CS, NDSM, GWOTSM, ASR, OSR-2, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: DD Form 2624, dated 5 June 2013, reflects the applicant tested positive for THC and Oxymorphone during an Inspection Random (IR) urinalysis testing conducted on 16 May 2013. DD Form 2624, dated 13 June 2013, reflects the applicant tested positive for THC during an Inspection Random (IR) urinalysis testing conducted on 3 June 2013. FG Article 15, dated 12 June 2013, for wrongfully using marijuana (between 27 February 2013 and 27 March 2013). The punishment consisted of a reduction to E-1, forfeiture of $758.00 pay per month for two months, and 45 days extra duty and restriction. DD Form 2624, dated 25 June 2013, reflects the applicant tested positive for Cocaine and THC during an Probable Cause (PO) urinalysis testing conducted on 8 July 2013. Two DA Form’s 4856 (Developmental Counseling), dated 3 June 2013 and 20 June 2013, for several debts to the US Government, and testing positive on an urinalysis test for THC and Oxmor. i. Lost Time: Confinement civilian authority 180 days (15 August 2013 – 10 February 2014) j. Diagnosed PTSD/TBI/Behavioral Health: The applicant indicated on his Report of Medical Assessment (DD Form 2697), dated 9 May 2013, he had been treated for depression in 2012. DA Form 3822 (Report of Mental Status Evaluation), dated 16 May 2013, reflects the applicant was diagnosed with (Axis I) Adjustment Disorder with Depressed Mood. The applicant was screened for SI/HI, and denied any safety concerns. He was to continue services through EB2and ASAP as recommended. It was also noted the applicant was screened for PTSD and TBI IAW OTSG/MEDCOM policy Memo 10-040; the findings were negative. The applicant met medical retention per AR 40-501 and was cleared for administrative separation actions under Chapter 14-12 as deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 7 August 2015. 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. 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. 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. 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. The applicant’s record of service, the documents and the issues submitted with the 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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. 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, such that he should have been retained The applicant contends although he was discharged for repeated acts of misconduct for drug use he completed his four years contract and served an 11 month deployment to Afghanistan. The applicant is to be commended for his years of good service. He also contends that since his discharge he has been to rehab and no longer uses any drugs. The applicant’s post-service accomplishments have been noted as outlined on the application and he is to also be commended for that accomplishment. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive his GI Bill benefits. However, 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 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 character of the applicant’s discharge is commensurate with his overall service record. 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 28 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/Issue a New Separation Order: 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: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NCO – Noncommissioned Officer 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 NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013645 1