1. Applicant's Name: a. Application Date: 23 January 2016 b. Date Received: 2 February 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 has cleaned up his life in more ways than one. The applicant contends that he was not given a chance to prove himself or allowed to report the hazing he endured by his first sergeant and others in his chain of command regarding his sexual orientation. The applicant further contends that his first sergeant made it clear that he would expedite the applicant's discharge. The applicant states that he currently has a job and is disabled due to an injury while in service. The applicant has been clean for three years. The applicant contends that he was treated unfairly because he was a gay Soldier and should have been treated as any other Soldier. 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. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 39 problems listed (six VA-entered) including knee pain, chronic back pain, and tobacco dependence. The Veterans Affairs has service- connected the applicant at 10 percent. In a records review conducted at Arlington, VA on 10 May 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 (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 15 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 November 2012 (2) Basis for Separation: The applicant wrongfully used marijuana (between 16 July 2012 and 16 August 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 December 2012 (5) Administrative Separation Board: Conditionally waived, 11 December 2012, contingent upon him receiving a characterization of service of no less favorable than general (under honorable conditions); although he was not entitled to a board. (6) Separation Decision Date / Characterization: 20 December 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 May 2010 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13B10, Cannon Crewmember / 2 years, 4 months, 25 days / (Note: DD Form 214, block 12c, is incorrect, should read as annotated in the Case Report and Directive) d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IR (Inspection Random), dated 16 August 2011, for THC. FG Article 15, dated 9 November 2011, for wrongful use of marijuana (between 15 July and 15 August 2012) and wrongful use of cocaine (between 20 August and 23 August 2011). The punishment consisted of a reduction to E-1, forfeiture of $733 pay for one month, and extra duty for 45 days. i. Lost Time / Mode of Return: 106 days (AWOL, 23 November 2011 to 10 March 2012) / apprehended by civilian authorities. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 October 2011, reflects the applicant was diagnosed with (Axis I) adjustment disorder and substance abuse disorders. It is noted in the "Remarks" section, the applicant stated he recently had a MEB initiated due to a torn ACL that occurred in basic training that requires a second surgery. The applicant was cleared-for any appropriate administrative action from a behavioral standpoint. Report of Mental Status Evaluation, dated 27 November 2012, reflects the applicant was diagnosed with (Axis I) adjustment disorder and bereavement (per AHLTA records). He was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative/board proceedings. No evidence of either PTSD or mTBI was evidenced at the time. The applicant 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 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. 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 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. 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 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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 at the time of his separation. 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 has cleaned up his life in more ways than one and he has been clean for three years. The applicant is to be commended for his efforts. However, these contentions are not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant also contends that he was not given a chance to prove himself or allowed to report the hazing he endured by members of his chain of command. Further alleging that, because he was a gay Soldier, he was treated unfairly and should have been treated as any other Soldier. The evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. Although the applicant alleges that he was a victim of hazing during his military service, there is no evidence in his military records and the applicant has not provided evidence supporting this contention. Therefore, this argument is not sufficient to support his request for an upgrade of his discharge. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was prevented from reporting hazing and that he was treated unfairly because he was a gay Soldier. The applicant also contends, his first sergeant made it clear that he would expedite his 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 applicant additionally contends, he is disabled due to an injury while in service. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 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 10 May 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160003317 1