1. Applicant's Name: a. Application Date: 21 January 2016 b. Date Received: 27 January 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable and a narrative reason change. The applicant seeks relief contending, in effect, he served honorably in the Army for 13 years achieving the rank of SFC. He had two deployments and was awarded multiple commendations including the Bronze Star and Combat Action Badge. He states, he had marital issues combined with him coping with his medical conditions resulted in an unfortunate sequence of events. He was found medically unfit by the Army for PTSD, Alcohol disorder, and mTBI resulting in a Medical Evaluation Board (MEB). While receiving ongoing treatment for his conditions and amidst the MEB, he found out his wife was having an affair with a family friend. Subsequently, he moved out and over the next several months he self-medicated resulting in a DUI and use of methamphetamines. He continued to seek treatment for PTSD with Embedded Behavior Health (EBH), Army Substance Abuse Program (ASAP), and the TBI clinic/ Pain Management clinic. A chapter packet was conducted resulting in other than honorable. The command's decision to discharge him from the Army under other than honorable conditions has significantly hindered his mental and physical health. During his thirteen years in the Army, he served with distinction, honor and integrity. Due to his behavioral health conditions and marital issues, he was led to make poor decisions that were clearly non characteristic of his normal actions. He requests that his diagnosed disabilities be reconsidered when making a decision on his discharge and change it to a discharge based on his MEB. Self-medicating through alcohol and drugs was a method to suppress his behavioral health issues. He continues to cope with disabilities and understand the choices he made were wrong, but he hopes to recover and he believes that his poor decision should not over shadow his entire career. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. Because PTS D can be associated with use of alcohol and substances for self-medication, risk- taking behaviors, impulsivity and impaired judgment, there is a nexus between this applicant's misconduct (use of drugs and DUI) and his behavioral health symptoms. In a records review conducted at Arlington, VA on 25 October 2017, and by a 4-1 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include combat service, incapacity to serve, prior periods of honorable service and the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of PTSD and multiple behavioral health issues) mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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. This action entails restoration of grade to E-6/SSG. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 23 December 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 June 2015 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used dextroamphetamine between on or about 20 November 2014 and 24 November 2014; He wrongfully used methamphetamine between on or about 20 November 2014 and 24 November 2014; and, On 20 April 2015, he was driving under the influence of alcohol with a blood alcohol content of .130. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 24 June 2015 (5) Administrative Separation Board: On 24 June 2015, the applicant conditionally waived consideration of his case before an administrative separation board, "pursuant to an earlier accepted OTP." (6) Separation Decision Date / Characterization: 1 December 2015 / Under Other Than Honorable Conditions / The General Court Martial Convening Authority determined that the Soldiers medical condition was not a direct or substantial contributing cause of the conduct that led to the recommendation for administrative separation and found no other circumstances in the case that would warrant disability processing instead of further processing for administrative separation. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 July 2014 / Indefinite b. Age at Enlistment / Education / GT Score: 31 / 1 Year College / 90 c. Highest Grade Achieved / MOS / Total Service: E-7 / 91B10, Wheeled Vehicle Mechanic / 13 years, 4 months, 10 days d. Prior Service / Characterizations: RA, 14 August 2002 - 22 March 2005 / HD RA, 23 August 2005 - 1 December 2010 / HD RA, 2 December 2010 - 17 July 2014 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (8 December 2011 - 9 December 2012), Iraq (1 October 2004 - 23 September 2005) f. Awards and Decorations: ACM-CS, BSM, MSM, ARCOM-3, AAM-6, VUA, AGCM-4, NDSM, GWOTEM, GWOTSM, NCOPDR-3, ASR, OSR-2, MOVSM, NATOMDL, CAB g. Performance Ratings: 11 June 2014 - 10 June 2015 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 8 December 2014, reflects the applicant tested positive for DAMP 519 (dextroamphetamines) and DMETH 2390 (methamphetamines), during an Inspection Random (IR) urinalysis testing, conducted on 24 November 2014. Washington State, DUI Arrest Report, dated 20 April 2015, reflects the applicant was arrested for driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor and or drugs. General Officer Memorandum Of Reprimand, dated 4 June 2015, for driving while under the influence of alcohol. On 20 April 2015, in Pierce County, Washington, a civilian law enforcement official stopped his vehicle after he observed the applicant swerving on the roadway and driving on the sidewalk. In addition to smelling of alcohol, the applicant displayed signs of impairment during field sobriety tests and his BAC was .130, well above the legal limit. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 April 2015, reflects the applicant would need to be assessed for mTBI and be re-evaluated at 3-2 EBH in 45 days before he could be cleared from a Behavioral Health perspective for administrative processing per AR 635-200, Chapter 14. The mTBI evaluation would be scheduled for the applicant and he would be contacted with the appointment information. The provider noted he will contact commander to deliver the results of these evaluations and resulting clinical recommendations. A temporary profile was also entered with duty limitations in this effort. The applicant provided a copy of his Medical Evaluation Board Narrative Summary, dated 31 August 2015, which reflects the applicant had the following diagnoses: PTSD Anxiety Disorder NOS Adjustment Disorder with depressed and anxious mood Alcohol Use Disorder Methamphetamine Use Disorder TBI Report of Medical Examination, undated, the examining medical physician noted in the Summary of Defects and Diagnoses section: EBH for Anxiety and depression. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, with all allied documents listed in block 9 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. 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). National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant, as a NCO, 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 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 have been retained on Active Duty. The applicant contends the narrative reason for the discharge should be changed to MEB. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Additionally, the separation authority determined that the applicant's medical condition was not a direct or sustantial contibuin casue of the conduct that led to the recommendation for administatrtive separation. The applicant contends his discharge should be based on his MEB. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant's service record contains documentation that supports a diagnosis of in service 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 record shows that on 30 April 2015, the applicant underwent a mental status evaluation which indicates he was able to recognize right from wrong and could participate in the proceedings. The applicant was referred for further evaluations, however, it appeared that the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he had good service which included a two combat tours. 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. The applicant is to be commended for his accomplishments. 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 25 October 2017, and by a 4-1 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include combat service, incapacity to serve, prior periods of honorable service and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and multiple behavioral health issues) mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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. This action entails restoration of grade to E-6/SSG. 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: E-6/SSG 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 AR20160002656 2