1. Applicant's Name: a. Application Date: 4 November 2015 b. Date Received: 4 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, her discharge was inequitable because it was based on one isolated incident in 40 months of service, with no other adverse action. This incident stemmed from excessive stress that she had after returning home from combat. She was dealing with a lot of family issues, an abusive spouse, being told by her leadership that she is obligated to pay her spouse alimony or receive UCMJ action, and a relative responsible for her child taking a tremendous amount of money from her as well as having her evicted from post housing. The applicant states that she came home from combat different, stressed, and alone with no one to help her cope. She successfully completed the Army Substance Abuse Program (ASAP) and since her discharge, she was working until she decided to become a full time student. She is expected to graduate in January 2017. After her graduation, she would like to continue her education using the GI Bill. She has made a conscious effort to be a positive contribution in society. Per the Board's Medical Officer, based on the information available for review at this time, the applicant does not have a mitigating behavioral health condition for the offense which led to her separation from the Army. Both the military and electronic medical records were reviewed. In a records review conducted at Arlington, VA on 10 February 2017, 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 (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 December 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 October 2011 (2) Basis for Separation: The applicant wrongfully used marijuana (between 22 July and 8 August 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 August 2008 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W1P, Health Care Specialist / 3 years, 4 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (22 October 2009 to 16 August 2010) f. Awards and Decorations: ARCOM, NDSM, ACM-2CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 16 August 2011, reflects the applicant tested positive for THC 84 (marijuana) during an Inspection Random (IR) urinalysis testing conducted on 9 August 2011. FG Article 15, dated, 6 October 2011, for wrongfully using marijuana (between July and 9 August 2011). The punishment consisted of a reduction to E-1, forfeiture of $733 pay per month for two months (suspended), and extra duty for 30 days. Numerous Developmental Counseling Forms for testing positive for marijuana use, driving without a license, attempting to enter post without an identification, and monthly performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 18 October 2011, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with (Axis I) Adjustment Disorder. Report of Medical History, dated 14 September 2011, reflects the applicant reported and medical examiner noted extensive behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is pursuing her degree. 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 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). 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." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her 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 she should be retained on active duty. The applicant was separated under the provisions of AR 635-200, Chapter 14, paragraph 14- 12c, with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." 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 the incident that caused her discharge was the only one in her entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant's service record contains documentation that supports a diagnosis of in service Adjustment Disorder; 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 record shows that on 18 October 2011, the applicant underwent a mental status evaluation which indicates she was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that although she was suffering from Adjustment Disorder, she knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends she was having family issues and her command did not really help her. However, the evidence of record shows the command attempted to assist the applicant by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. The applicant contends that she had good service, which included a combat tour. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. The applicant contends that an upgrade of her discharge would allow educational benefits through the use of the GI Bill. 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 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 10 February 2017, 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: 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 AR20150018578 1