1. Applicant's Name: a. Application Date: 10 November 2015 b. Date Received: 22 December 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 narrative reason for separation. The applicant seeks relief contending, in effect, he ingested his spouse's medication for ADHD, which he contends he did under the direction of his mental health doctor, as well as the fact that he too was diagnosed with ADHD. The applicant states that being diagnosed with Post Traumatic Stress Disorder (PTSD) has been hard to deal with, as well as attaining employment. The applicant acknowledges what he did was wrong and that being in the military [sic] for more than five years, he would like his discharge to be upgraded. Further stating that having to deal with it as punishment an entire year after being discharged, having been reduced and served an Article 15, he would be relieved if his discharge was changed to honorable so that he can seek employment that will provide suitable income to support his family. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has had numerous diagnoses in the anxiety/depression spectrum, including PTSD. The provider made a referral at that time, but it was not followed up. In a Sworn Statement of 7 November 2013, First Lieutenant (1LT) A.P.S. said he had spoken to the applicant's psychiatrist after learning that the applicant had said the psychiatrist told him to take some of his wife's Adderall the day of his testing. Incidentally, the psychiatrist failed to chart this encounter in AHLTA as a T-con, as ought to have been done. Then later, the applicant complicated his case by recanting his story that his psychiatrist had told him to take his wife's Adderall, a story that the psychiatrist had previously corroborated. What is striking about all of this is that, as the psychiatrist's note of 19 September 2013 made clear, Concerta would have caused urine positive for methamphetamine, as would a dose of somebody else's Adderall, a dose in this case that, based on the 1LT S.'s sworn statement, was likely authorized by the psychiatrist. In a records review conducted at Arlington, VA on 29 March 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. the applicant was advised by his doctor to take his wife's prescription medicine, Adderall), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a partial upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (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 / General (Under Honorable Conditions) b. Date of Discharge: 7 July 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 April 2014 (2) Basis for Separation: The applicant wrongfully used Adderall, a Schedule II controlled substance (between 28 July 2013 and 28 August 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 April 2014 (5) Administrative Separation Board: On 14 May 2014, the applicant was notified to appear before an Administrative Separation Board and advised of his rights. On 30 May 2014, the Administrative Separation Board convened and the applicant appeared with counsel. The Board recommended the applicant's discharge with characterization of service of general (under honorable conditions). (6) Separation Decision Date / Characterization: 3 June 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 October 2008 / 6 years b. Age at Enlistment / Education / GT Score: 29 / GED / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y10, Unit Supply Specialist / 15 years, 3 months, 12 days d. Prior Service / Characterizations: RA, 26 March 1999 to 22 April 2002 / HD RA, 23 April 2002 to 16 October 2006 / HD RA, 17 October 2006 to 19 October 2008 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (25 March 2002 to 12 July 2003 and 16 January 2005 to 12 January 2006) f. Awards and Decorations: ARCOM-2, USA/USAF PUC, AAM-2, ACGM-5, NDSM, AFEM, ICM-2CS, GWOTEM, GWOTSM, KDSM, NCOPDR, ASR, OSR-3 g. Performance Ratings: 31 March 2009 thru 22 October 2010, Marginal 23 October 2010 thru 31 May 2013, Fully Capable 1 June 2013 thru 16 July 2014, Marginal h. Disciplinary Action(s) / Evidentiary Record: A positive urinalysis test coded IR (Inspection Random), dated 28 August 2013, for DMETH. CID Report of Investigation, dated 10 October 2013, reflects the applicant was the subject of an investigation for wrongful use of dangerous drugs (dextroamphetamine). FG Article 15, dated 16 January 2014, for wrongful use of Adderall, a Schedule II controlled substance (between 28 July 2013 and 28 August 2013). The punishment consisted of a reduction to E-4 (suspended) and extra duty for 45. On 14 March 2014, the suspension of punishment of reduction to E-4 was vacated for the new offense of being derelict in the performance of his duties in that he willfully failed to perform his duties as a supply sergeant (between 17 January 2014 20 February 2013). The applicant received numerous negative counseling statements for initiation of chapter proceedings, failure to follow orders, failure to perform, failure to maintain supply room standards, failure to follow Marne Standards, and his job performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 25 March 2014, reflects the applicant was diagnosed with (Axis I) adjustment disorder, ADHD (per Behavioral Health) and critical stress history (per FAP). The applicant was seen for numerous stressors at Behavioral Health and FAP. He is taking Celexa, Adderall and Meclazine among other medications. His history of PTSD diagnosis in 2009, which does not appear to meet current criteria for the disorder. He is able to function at work and home. Also experiencing depression and anxiety, which are seen as reactions to his current situations. He met retention standards prescribed in AR 40-501 and there is no psychiatric disease or defect that warrants disposition through medical channels. He was psychiatrically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: Online application and a letter from the Director of Case Management Division. 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. 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 14-12c(2), Misconduct (Drug Abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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 and a change to narrative reason for separation. 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 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, such that he should have been retained on Active Duty. The applicant requests a change to the narrative reason for separation. 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). The regulation further stipulates that no deviation is authorized. The applicant ingested his spouse's medication for ADHD, which he contends he did under the direction of his mental health doctor, as well as the fact that he too was diagnosed with ADHD. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he took his spouse's medication under direction of his mental health doctor. The applicant further contends, being diagnosed with PTSD has been hard to deal with. However, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant also contends that attaining employment has been hard and that an upgrade will allow him to attain employment that will provide suitable income to support his family. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 29 March 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. the applicant was advised by his doctor to take his wife's prescription medicine, Adderall), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a partial upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20150019161 1