1. Applicant's Name: a. Application Date: 13 January 2016 b. Date Received: 19 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 and a change to his narrative reason for separation. The applicant seeks relief contending, in effect, he completed his first enlistment, he reenlisted, served in Afghanistan, was wounded and received the Purple Heart. His unit came home and they were going to be sent right back to combat, the applicant did not know if he could do it so he talked to his commander about this. He was given an order to do a back flip, which he could not do, so he was looked at as having disobeyed a direct order and was later discharged. At the time of discharge, he needed time before he went back to combat and really regrets what he did but it seemed right at the time. Since his discharge he has been diagnosed with PTSD, sleep issues, hearing loss and is still carrying around fragments of the grenade that went off beside him. He contends since his discharge he has not had any issues with the law, he is married and has five children who he provides for and believes an upgrade and change to the narrative reason would help him to get better paying jobs. Per the Board's Medical Officer, based on the information available for review at the time, applicant has a behavioral health disorder which mitigates some of his offenses. As PTSD is associated with the use of illicit substances to self-medicate symptoms, it is considered mitigating for the offense of using marijuana. It is not mitigating for the offense of adultery; it is also not mitigating for the offense of violating a no contact order; it is not mitigating for owing money. In a records review conducted at Arlington, VA on 31 March 2017, and by a 5-0 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 September 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 August 2005 (2) Basis for Separation: The applicant was informed of the following reasons: tested positive for marijuana, a controlled substance; and, received several statements from creditors regarding unpaid debts. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 29 August 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 August 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 October 2003 / 6 years b. Age at Enlistment / Education / GT Score: 20 / GED / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 1 month, 13 days d. Prior Service / Characterizations: RA, 8 August 2001 to 30 October 2003 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (1 April 2003 to 16 April 2004) f. Awards and Decorations: PH, ARCOM, AAM, NDSM, ASR, ACM, GWOTSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 26 July 2005, reflects the applicant tested positive for THC 71 (marijuana) during an Inspection Unit (IU) urinalysis testing conducted on 19 July 2005. FG Article 15, dated 28 July 2005, for wrongfully having sexual intercourse with A.R., a married woman not his wife (16 May 2005) and disobeying a lawful order from a commissioned officer (16 May 2005). The punishment consisted of a reduction to E-1, forfeiture of $617 pay per month for two months (suspended), and 45 days extra duty and restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Veterans Affairs Rating Decision letter, dated 7 April 2009, reflects the applicant was assigned a rating of 30 percent service connected disability for post-traumatic stress disorder, 20 percent for shell fragment wound with retained foreign bodies to the left shoulder, and 10 percent for scar of the neck, residual of shrapnel wounds. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and VA Rating Decision letter. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has been working in the oil field industry, going to school, and is a licensed Heavy Crane Operator. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 his narrative reason for discharge. The applicant's record of service, the documents and the issues submitted with the 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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. The appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for misconduct (serious offense) is "JKQ" and the RE code is "3." The regulation further stipulates no deviation is authorized. 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 contends that he served two periods of service, which included service in Afghanistan, was wounded and received the Purple Heart. His discharge was the result of disobeying an order for not during a back flip and not wanting to return to a combat zone. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended. However, evidence shows the applicant was notified and later discharged as a result of testing positive for marijuana and receiving several statements from creditors regarding unpaid debts. It should be noted by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (serious offense). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. The applicant contends that since his discharge he has been diagnosed with PTSD, sleep issues, hearing loss and is still carrying around fragments of the grenade that went off beside him. Independent evidence submitted by the applicant from the Department of Veterans Affairs showing he suffers with several medical issues was noted; however, the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 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 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 AR20160002414 4