1. Applicant's Name: a. Application Date: 16 November 2015 b. Date Received: 18 November 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 paid into the G.I. Bill and would like to use it to further his education. He feels as if he let many people down and he apologizes for his actions. Since his discharge, he has been employed doing side jobs for extra money and will do what needs to be done for his future. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have significant mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. Report of Medical Examination (DD Form 2808) dated 1 June 2011 with clinical evaluation unremarkable, PULHES-111121, qualified for service. The electronic medical records (AHLTA) were reviewed from January 2012 through January 2015. Clinical notes reviewed from January 2012 through November 2014. Radiology results reviewed from May 2012 through October 2014. Laboratory results reviewed from January 2012 through December 2014. Medical urine drug screen (20 May 2014) - positive for cannabinoids. ASAP (Army Substance Abuse Program) visits on 15 May 2014 with pre-military marijuana use x 3 years (started age 16) with stressors. Follow-up visits on 20, 27, 28 May, 3, 6, 9, 10, 16, 17, 23, 24, 30 June, 1, 8, 14, 22, 28, 30 July, 4, 11, 13 Aug, 5, 15, 22, 29 Sep, 6, 7, 27 Oct, 3, 7, 12, 24 Nov, 1, 8, 22 Dec, 7, 9 Jan 2015. Behavioral Health evaluation on 6 June 2014 (referred from ASAP) with impression of adjustment disorder with depressed mood. Physical Profile (DA Form 3349) dated 21 March 2014 for refractive error, permanent PULHES- 211121. Report of Mental Status Evaluation (DA Form 3822) dated 9 July 2014 with axis I - Cannabis abuse (by history); No diagnosis on Axis II. Negative screening for PTSD and mTBI. ASAP services and records indicate he has been compliant with treatment. Report of Medical History (DD Form 2807-1) dated 3 July 2014 with several 'yes responses explained in item 29 and reviewed with provider on 31 July 2014. Report of Medical Assessment (DD Form 2697) dated 3 July 2014 with knee, back, vision, and weight loss reviewed with provider on 31 July 2014. Report of Medical Examination (DD Form 2808) dated 31 July 2014 for chapter separation with unremarkable clinical evaluation, with PULHES-211121 (P2 for PFB and vision). Co-occurring mental, behavioral or medical conditions include bilateral patellofemoral pain syndrome, right foot pain, chronic mechanical back pain (no radicular symptoms or signs), mild scoliotic curvature (6 degrees; 10+ for diagnosis of scoliosis). A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 33 problems (six VA entered including PTSD, major depressive disorder, tobacco user, alcohol dependence, cannabis dependence, and knee pain). The Veteran's Administration has not service- connected the applicant. The applicant met medical retention standards IAW (in accordance with) Chapter 3, Army Regulation (AR) 40-501, and following the provisions set forth in AR 635- 40 that were applicable to the applicant's era of service. The applicant's medical conditions were duly considered during medical separation processing. A review of the available documentation found no evidence of a medical disability or condition which would support a change to the character or reason for the discharge in this case. In a records review conducted at Arlington, VA on 27 January 2017, and by a 4-1 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, and the circumstances surrounding his discharge (i.e. severe family matters) 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: 9 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 October 2014 (2) Basis for Separation: The applicant wrongfully used marijuana (between 30 March and 28 April 2014). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 October 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 November 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 January 2012 / 5 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 2 years, 11 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (18 January 2013 to 15 September 2013) f. Awards and Decorations: ACM-CS, ARCOM, NDSM, GWOTSM, ASR, NATOMDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 8 May 2014, reflects the applicant tested positive for THC 19 (marijuana) during an Inspection Random (IR) urinalysis testing conducted on 28 April 2014. CID Report of Investigation, dated 21 May 2014, reflects the applicant was the subject of an investigation for wrongful use of marijuana. CG Article 15, dated 30 May 2014, for failing to obey a lawful order (12 March 2014). The punishment consisted of a reduction to E-3 (suspended), forfeiture of $447 pay (suspended), and extra duty for 7 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 9 July 2014, 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).Cannabis Abuse (by history). It was also noted that the applicant's score on the PCL-C was 48 which was just below clinical threshold for PTSD. The applicant did not appear to meet full criteria for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; a self-authored statement; and 13 character statements. 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. 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 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 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 that an upgrade of his discharge would provide him access to 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 third party statements provided with the application speak highly of the applicant's performance. All but one of the statements, was considered at the time of his separation proceedings. Additionally, the remaining statement recognized his good conduct after leaving the Army; 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 27 January 2017, and by a 4-1 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, and the circumstances surrounding his discharge (i.e. severe family matters) 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. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / Change to RE code to 3 f. Restore 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 AR20150018595 1