1. Applicant’s Name: a. Application Date: 16 September 2015 b. Date Received: 18 September 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 and a change to the narrative reason for separation. Additionally, he requests completion of his Medical Evaluation Board (MEB) and reinstatement of his rank. The applicant seeks relief contending, in effect, he was being medically boarded out of the Army so he sent his family to Delaware so that they could get settled before his medical retirement. His board was stopped and he received a chapter with no benefits, which, he believes was unjust to him and his family and would like reconsideration for completion of his medical board. The applicant has been assigned a disability rating of 50 percent for PTSD through the VA. The applicant states that he was basically abandoned by his unit, leaving him with no support. His wife was serving as his caregiver and after she left, he struggled to maintain. At that time, he was trying to deal with his knee injury, PTSD, and the hardship of separation from his family. While on Staff Duty, the applicant was assaulted by a drunk Soldier. Following that incident, the applicant states that he could not sleep or eat and he was on multiple medications that seemed to worsen the situation and his functionality. He informed his command, embedded behavioral health that he needed help, but they did nothing. Several months went by when he was told that he tested positive for marijuana twice within a two week period, which reflected a positive outcome from the same incident. The applicant was punished under the UCMJ, which included a reduction in rank and forfeiture of pay. The entire amount of pay was taken out all at once, which left him with no money to sustain himself, to include eating for an entire month. His DD Form 214 reflects his deployments and awards and his evaluations reflect his pride in being a great NCO and doing a superb job as a scout for the Army. He faithfully served his penance under severe duress. They imposed UCMJ by way of an administrative separation board and he was subsequently chaptered out. He has had multiple issues since then and believes that he needed to fight the manner in which he was discharged as it was unjust. He has marked areas on his DD Form 214 that have errors. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a Behavioral Health Condition which is mitigating for the offenses leading to his discharge from the Army. The applicant has been diagnosed with PTSD by both the Army (in-service diagnosis) and the VA. The VA has found him to be 50 percent service connected for the PTSD. Soldiers with PTSD frequently use alcohol and/or illicit drugs to self-medicate PTSD symptoms. As such, there is a nexus between the applicant's PTSD and his illicit use of marijuana. In a personal appearance hearing conducted at Arlington, VA on 6 February 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, his personal testimony, his in-service PTSD diagnosis with 50 percent VA rating, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635-200 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 21 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 September 2013 (2) Basis for Separation: The applicant wrongfully used marijuana on divers occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 October 2013 (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 October 2008 / 6 years b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D10, Cavalry Scout / 6 years, 8 months d. Prior Service / Characterizations: RA, 22 March 2007 to 2 October 2008 e. Overseas Service / Combat Service: SWA / Iraq (6 October 2008 to 24 September 2009 and 9 November 2010 to 8 November 2011) f. Awards and Decorations: ICM-3CS, ARCOM-4, AAM, MUC, AGCM-2, NDSM, GWOTSM, NCOPDR, ASR, OSR-2, MOVSM, CAB g. Performance Ratings: 1 July 2010 thru 30 June 2011, Fully Capable 1 July 2011 thru 1 June 2012, Fully Capable 1 June 2012 thru 31 May 2013, Among The Best h. Disciplinary Action(s) / Evidentiary Record: The applicant provided a copy of DA Form 2627-2 (Record of Supplementary Action Under Article 15, UCMJ), dated 8 August 2013, which reflects that he received a suspended punishment under the UCMJ on 24 July 2013. The suspension was vacated based on the applicant wrongfully using marijuana between 22 June and 22 July 2013. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Partial copy of VA Disability Rating Decision letter which reflects the applicant was assigned a 50 percent disability rating for PTSD. Dr. J.D. letter, Licensed Clinical Psychologist, dated 19 June 2016, reflects the applicant was treated for PTSD, chronic. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. 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, misconduct (drug abuse). 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 and a change to the narrative reason for separation. Additionally, he requests completion of his MEB and reinstatement of his rank. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 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 be retained on active duty. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), with a general (under honorable conditions discharge). The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends he should have been medically discharged; however, 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 applicant's contentions about not receiving any help and being abandoned by his unit were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant contends the VA has granted him a 50 percent service connected disability for PTSD. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant’s service record is void of a mental status evaluation. It appears the applicant’s chain of command determined he knew the difference between what was right and wrong. The applicant requests a MEB and reinstatement of his rank. However, the applicant’s requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions. b. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 6 February 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, his personal testimony, his in-service PTSD diagnosis with 50 percent VA rating, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) AR 635-200, Chapter 14-12a d. Change SPD / RE Code to: JKN/ RE-Code 3 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 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 AR20150015779 2