1. Applicant's Name: a. Application Date: 30 December 2015 b. Date Received: 8 January 2016 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 had a difficult time readjusting when he returned from his deployment to Afghanistan. He tried to seek medical help, but was not able to get psychological help. He started self-medicating and developed a chemical dependency to a controlled substance, which resulted in his discharge. Since his discharge, he has been diagnosed with PTSD by the VA and received a 100 percent disability rating. He was able to get counseling through the VA and as a result, he has not used a controlled substance in two years. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from August 2011 thru February 2013. Clinical notes reviewed from August 2011 thru January 2013. Lab results reviewed from August 2011 thru February 2013. Radiology reports reviewed from November 2012 thru February 2013. A review of medications prescribed reveals no (zero) opioid prescriptions during active military service. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 30 problems (14 VA entered) including PTSD, psychoactive substance dependence, history of attempted suicide, lumbar radiculopathy, headache, knee pain, heartburn, tinnitus, and others. The applicant started behavioral health medication therapy in October 2013. The Veterans Affairs has service-connected the applicant at 100 percent overall. In a records review conducted at Arlington, VA on 17 March 2017, and by a 3-2 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 (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 1 March 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 February 2013 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully used marijuana on diver occasions (between 18 August and 17 October 2012 and 7 October and 6 November 2012); and, wrongfully used d-amphetamine (between 1 and 6 November 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 2 February 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 February 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 August 2011 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-3 / 12B1P, Combat Engineer / 1 year, 7 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (12 April 2012 to 6 September 2012) f. Awards and Decorations: ACM-CS, ARCOM, NDSM, GWOTSM, ASR, NATOMDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: (Based on Commander's Report) FG Article 15, dated 4 December 2012, for wrongfully using marijuana (between 18 August and 17 October 2012). The punishment consisted of a reduction to E-1, forfeiture of $745.00 pay per month for two months, extra duty and restriction for 45 days, and an oral reprimand. FG Article 15, dated 9 January 2013, for wrongfully using marijuana (between 7 October and 6 November 2012); and, wrongfully using d-amphetamine (between 1 and 6 November 2012). The punishment consisted of forfeiture of $745 pay per month for two months (suspended for 45 days), extra duty and restriction for 45 days, and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA Disability Rating Decision letter, dated 1 April 2015, reflects the applicant was assigned a disability rating of 100 percent for PTSD with opioid use disorder in early remission. 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 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. 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 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 marred the quality of his service. 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 he had difficulty adjusting after returning from a combat deployment and began self-medicating. Additionally, the VA has granted him a 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 that he knew the difference between what was right and wrong. 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 17 March 2017, and by a 3-2 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 AR20160001108 1