1. Applicant's Name: a. Application Date: 28 December 2015 b. Date Received: 4 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 would like to continue serving his country and believes he earned an honorable discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant was diagnosed with Adjustment Disorder with Anxious Mood and Attention Deficit Disorder, Combined Type while in the military. However, there is documentation of PTSD symptoms which he developed after coming across a car accident in which a woman he was trying to help died. This event sent him into a downward spiral of anxiety, depression, intrusive memories, poor sleep and marijuana use. (Applicant also has history of trauma while in combat-during first deployment, cleaned up dead Iraqi bodies; during second deployment, his truck convoy was hit by IED, and he heard radio traffic describing death of a fellow unit member.) Applicant ultimately was admitted to Lincoln Trails Hospital for substance abuse treatment. During hospital stay, he was transferred from Substance Abuse component to Behavioral Health component to treat his psychiatric symptoms. He was discharged with diagnosis of PTSD (due to car accident), Alcohol Abuse Disorder and Cannabis Abuse Disorder. Upon being seen by Army BH on day of discharge, he was diagnosed with Adjustment Disorder, with Anxiety and ADHD. Review of VA records indicates he is 50 percent service-connected for combat related PTSD. He has also been diagnosed with Bipolar Disorder, Most Recent Episode Manic, Severe. Based on the available information, the applicant has a mitigating Behavioral Health Condition-PTSD. As PTSD is associated with the use of illicit substances for self-medication, there is a nexus between his PTSD and the misconduct marijuana use, which resulted in his discharge from the Army. In a records review conducted at Arlington, VA on 31 March 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. post service diagnosis of PTSD, service-connected 50 percent) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization to honorable and a change to the narrative reason of the applicant's discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with the corresponding SPD Code of JFF. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Drug Rehabilitation Failure / AR 635- 200 / Chapter 9 / JPC / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 17 March 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 February 2010 (2) Basis for Separation: The unit commander, in consultation with an ASAP counselor, declared the applicant a rehabilitation failure. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 4 February 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 March 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 December 2005 / 5 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92R20, Parachute Rigger / 5 years, 9 months, 5 days d. Prior Service / Characterizations: RA, 3 June 2004 to 4 December 2005 / HD e. Overseas Service / Combat Service: SWA / Iraq (7 August 2006 to 31 March 2007 and 6 January 2009 to 22 April 2009) f. Awards and Decorations: AAM, AGCM, ICM-CS, GWOTSM, AFSM, ASR, OSR g. Performance Ratings: 1 March 2007 thru 28 February 2009, Fully Capable 1 March 2009 thru 28 February 2010, Marginal h. Disciplinary Action(s) / Evidentiary Record: A negative counseling statement dated, 4 February 2010, for being indebted to the military. i. Lost Time / Mode of Return: 2 days (AWOL, 28 January 2009 to 29 January 2009) / mode of return unknown. (Note: The applicant's DD Form 214 does not reflect the time lost due to his AWOL status during the record of service.) j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 4 February 2010, reflects that the applicant was diagnosed with (Axis I) cannabis and amphetamine abuse. He was screened for PTSD and mTBI in accordance with OTSG/MEDCOM Policy Memo 08-018 and the results were negative. He was psychiatrically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 9 outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general, under honorable conditions discharge is authorized depending on the applicant's overall record of service. However, an honorable discharge is required if limited use information is used in the discharge process. 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 document submitted with his application were carefully reviewed. The applicant was enrolled in the Army Substance Abuse Program (ASAP) and was aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program. As a result of the applicant's actions and after consultation with the drug and alcohol abuse counselor, the command declared the Soldier a rehabilitation failure. The evidence of record establishes the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. The applicant would like to continue serving his country and believes that he earned an honorable discharge. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceedings were carefully considered. Further, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 31 March 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. post service diagnosis of PTSD, service- connected 50 percent) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization to honorable and a change to the narrative reason of the applicant's discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with the corresponding SPD Code of JFF. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ No Change to RE code 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 AR20160001118 1