1. Applicant's Name: a. Application Date: 23 September 2015 b. Date Received: 7 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 the narrative reason for separation. The applicant seeks relief contending, in effect, the characterization of service and narrative reason does not match, in addition to the fact that there is insufficient evidence for the narrative reason. The applicant contends his chain of command attempted to "railroad" him. Per the Board's Medical Officer, based on the information currently available for review, the applicant has a mitigating Behavioral Health condition for the offenses leading to his discharge from the Army. The applicant's military records indicate that he complained of PTSD symptoms while on Active Duty but declined treatment. His VA records indicated that he has been found 80 percent service-connected for PTSD. As PTSD is associated with the use of illicit substances for self-medication of symptoms, there is likely a nexus between the applicant's PTSD and the drug offense resulting in his discharge from the military. As PTSD is associated with avoidant behaviors, there is likely a nexus between the applicant's PTSD and his offenses of failing to report at the prescribed time and failing to report to accountability formation. Both the military and VA 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 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. VA diagnosis of PTSD, 80 percent service connected, in-service PTSD symptoms) 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: 22 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 April 2015 (2) Basis for Separation: The applicant was informed of the following reasons: tested positive for marijuana (on or about 10 September 2014); failed to report as the time prescribed to his appointed place of duty, to wit: 0650 hours accountability formation (on or about 6 August 2014); and, failed to report to 0700 hours accountability formation (on or about 6 May 2014). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 April 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 May 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 October 2013 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 4 years, 17 days d. Prior Service / Characterizations: RA, 6 June 2011 to 6 October 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (6 May 2013 to 20 January 2014) f. Awards and Decorations: ACM-CS, AAM, MUC, AGCM, NDSM, GWOTSM, HSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 8 September 2014, reflects the applicant tested positive for THC 58 (marijuana) during an Inspection Random (IR) urinalysis testing conducted on 26 August 2014. Report of Mental Status Evaluation, dated 3 November 2014, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant screened positively for PTSD, but did not meet the criteria for diagnosis at the time. The applicant could understand the difference between right and wrong and could participate in the proceedings. Developmental Counseling Forms for failing to report and testing positive for illegal substance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 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). 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. 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, by violating the Army's policy not to possess or use illegal drugs, compromised the special 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 that ultimately caused his discharge from the Army. The applicant contends that the characterization of service and the narrative reason for separation does not match. However, the appropriate SPD code and reason to assign enlisted Soldiers who are discharged for drug offenses is "JKK" and narrative reason of "Misconduct, (Drug Abuse). The regulation further stipulates that no deviation is authorized. The applicant contends that he was "railroaded" by his command. However, 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 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 third party statement provided with the application spoke highly of the applicant's performance. The statement recognized his good conduct after leaving the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement did not 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 10 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, and the circumstances surrounding his discharge (i.e. VA diagnosis of PTSD, 80 percent service connected, in-service PTSD symptoms) 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 AR20160000628 1