1. Applicant's Name: a. Application Date: 25 January 2016 b. Date Received: 27 January 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant through legal counsel requests an upgrade of his general (under honorable conditions) discharge to honorable, change his narrative reason for discharge and change his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, his discharge was the result of a single instance of possession of marijuana, a mistake he made mere months after he returned from deployment and while he was suffering from combat stress and actively attempting suicide. He believes he should have been discharged on medical grounds, and that a discharge for isolated misconduct was improper, incorrect, and inequitable; his separation proceedings were flawed, resulting in an improper and inequitable discharge; and based on his overall honorable service and post-service accomplishment, a general (under honorable condition) discharge was inequitable. The applicant contends he accepts responsibility for the choices he made. Yet, doctors both at the time and since his discharge have diagnosed him with post-traumatic stress disorder, major depressive disorder, and anxiety. A forensic psychiatrist has found a nexus between his combat related mental health conditions and the misconduct leading to his discharge. He contends many Soldier's, including the Company Commander who recommended a general (under honorable conditions) discharge now believes he should have been medically separated with an honorable discharge and agrees that one error does not and should not overshadow his otherwise honorable service. The applicant contends he deployed in support of 2007 Iraq Troop Surge, achieved the rank of Specialist in less than 24 months, and willing accomplished and task needed without complaint. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a mitigating behavioral health condition for the offenses which led to his separation from the Army. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 34 problems ( 17 VA-entered) including PTSD, major depressive disorder recurrent (in full remission), cannabis and alcohol abuse, and others. There are nearly 638 documents in his VA medical files, the vast majority pertaining to orthopedic and general medical issues. The Veterans Affairs has not service-connected In a records review conducted at Arlington, VA on 27 July 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length of the applicant's service, to include his combat service, and post-service accomplishments as annotated in the case report and directive 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), and the separation code to JKN. (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: 24 March 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reason: wrongfully possessing marijuana, an illegal substance on 8 November 2008. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 March 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 April 2006 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 11 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (10 May 2007 to 30 June 2008) f. Awards and Decorations: NDSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 28 January 2009, for disobeying a lawful from a senior noncommissioned officer on 8 November 2008 and wrongfully possessing an unknown quality of marijuana on 8 November 2008. The punishment consisted of reduction to E-2, forfeiture of $784 pay per month for two months, and 45 days extra duty and restriction. Military Police Report, dated 8 November 2008, which reflects the applicant was the subject of investigation for possession of marijuana. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Mental Status Evaluation, dated 12 November 2008, shows the applicant was admitted to the hospital for comprehensive psychiatric evaluation. He display no withdrawal symptoms. He displayed no suicidal behavior and participated cooperatively in individual and group therapy. He was not regarded as danger to self or others at the time. He was diagnosed with Axis I for major depressive episode and Axis III for self-laceration. It was noted that the applicant was mentally sound and able to appreciate any wrongfulness in his conduct and was also capable of conforming his conduct to the requirements of the law. He had the mental capacity to understand and participate in board or other administrative proceedings. It was recommended that the applicant be administratively separated under Chapter 5-17. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; brief in support of application; and exhibits 1-23 in support of application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has stopped drinking, found an apartment of his own, and gotten a job where he is known for being a hardworking, trust worth, and loyal team player. He maintains sobriety from all drugs, and plans to go to college. 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. 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." "Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution 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 through legal counsel requests an upgrade of his general (under honorable conditions) discharge to honorable, change his narrative reason for discharge and change his reentry eligibility (RE) code. The applicant's record of service, the issues and documents submitted with his 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 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 his discharge was the result of a single instance of possession of marijuana, a mistake he made mere months after he returned from deployment and while he was suffering from combat stress and actively attempting suicide. He believes he should have been discharged on medical grounds, and that a discharge for isolated misconduct was improper, incorrect, and inequitable. The applicant's contentions were noted; however, although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends that he accepts responsibility for the choices he made. Yet, doctors both at the time and since his discharge have diagnosed him with post-traumatic stress disorder, major depressive disorder, and anxiety. A forensic psychiatrist found a nexus between his combat related mental health conditions and the misconduct leading to his discharge. He contends many Soldier's, including the Company Commander who recommended a general (under honorable conditions) discharge now believes the applicant should have been medically separated with an honorable discharge. The post-service document's submitted by the applicant from the forensic psychiatrist indicating a nexus between his combat related mental health conditions and his misconduct were noted. However, as noted in the evidence found in his record the applicant was diagnosed by a staff psychiatrist on 12 November 2008, with major depressive episode and that he was recommended to be administratively separated under chapter 5-17. However, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends his separation proceedings were flawed and based on his overall honorable service and post-service accomplishment, a general (under honorable condition) discharge was inequitable. The applicant contends he deployed in support of 2007 Iraq Troop Surge, achieved the rank of Specialist in less than 24 months, and willing accomplished any task needed without complaint. 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. However, 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 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 27 July 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length of the applicant's service, to include his combat service, and post-service accomplishments as annotated in the case report and directive 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 to change the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 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 / 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 AR20160003248 3