1. Applicant's Name: a. Application Date: 11 February 2016 b. Date Received: 16 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, she needs an upgrade to further her education. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a Behavioral Health Condition (PTSD) which is mitigating for some of her offenses. As PTSD is associated with the use of substances to self-medicate symptoms, there is a nexus between her PTSD and the use of cannabis in March and April 2010. As PTSD is associated with avoidant behaviors, there is a nexus between her PTSD and the offense of being Absent Without Leave. PTSD, however, does not mitigate the offense of altering a sick leave slip. AHLTA notes indicate applicant was followed by BH both before and after her deployment. She initially presented to BH in December 2009. At that time she reported significant mood fluctuations since her deployment. She reported depression, irritability, anger and anxiety. Stated she grew up in a very abusive environment. Was arrested at age 13 for attempted murder-stabbed her stepfather in self defense. Became pregnant at age 13; 6 yo daughter was living with uncle while applicant deployed. Applicant was now having difficulty getting daughter back from him and was very upset about this. While on Active Duty, diagnosed with Adjustment Disorder with depressed mood, Depression, Anxiety Disorder NOS, Borderline Personality Disorder. ASAP diagnosed her with Cannabis Abuse and Opioid Abuse. JLV shows she is 70% SC for PTSD with Anxiety and Personality Disorder. She reported to VA that she was sexually assaulted by an Iraqi man while deployed. Also reported being near several IED blasts, three of which resulted in mild TBIs. VA has also diagnosed her with Schizoaffective Disorder. She has history of several suicide attempts. In a records review conducted at Arlington, VA on 12 May 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 the circumstances surrounding his discharge (i.e. severe family matters, VA PTSD, TBI & OBH diagnoses, 70 percent service-connected VA disability for PTSD) mitigated the discrediting entry in her 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), the separation code to JKN, and the reentry eligibility (RE) code to 3. (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: 14 June 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 27 May 2010 (2) Basis for Separation: The applicant was informed of the following reasons: misconduct - abuse of illegal drugs; altered a public record; and, absented herself from her unit. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 May 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 June 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 January 2009 / 4 years b. Age at Enlistment / Education / GT Score: 20 / GED / 87 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92A10, Automated Logistical Specialist / 2 years, 8 months, 26 days d. Prior Service / Characterizations: USAR, 11 September 2007 to 5 November 2007 / NA IADT, 6 November 2007 to 9 April 2008 / UNC USAR, 10 April 2008 to 26 January 2009 / NA e. Overseas Service / Combat Service: Alaska, SWA / Iraq (15 July 2009 to 20 September 2009) f. Awards and Decorations: NDSM, ICM-CS, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, 9 February 2010, for, willfully and unlawfully altering a public record (2 December 2009). The punishment consisted of a reduction to E-1 (suspended) and extra duty for 14 days. Two Personnel Action Forms, dated 29 March 2010 and 3 April 2010, reflects the applicant's duty status changed from "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 25 March 2010, and from "AWOL" to "PDY," effective 3 April 2010. Electronic copy of the DD Form 2624, dated 23 April 2010, reflects the applicant tested positive for THC during an Inspection Random (IR) urinalysis testing conducted on 7 April 2010. On 29 April 2010, the suspension of punishment of reduction to PVT / E-1, was vacated for the new offense of absenting herself from her unit (25 March 2010 to 3 April 2010) and wrongful use of marijuana (between 7 March 2010 to 7 April 2010). FG Article 15, dated 18 May 2010, for absenting herself from her unit (25 March 2010 to 3 April 2010) and wrongful use of marijuana (between 7 March 2010 to 7 April 2010). The punishment consisted of forfeiture of $723 pay, and extra duty for 45 days and restriction for 45 days (suspended). Numerous negative counseling statements, for positive drug test, being AWOL, failing to report, disobeying a direct order, malingering, forgery, noncompliance with Army weight standards; and initial, monthly and performance counseling. i. Lost Time / Mode of Return: 8 days (AWOL, 25 March 2010 to 2 April 2010) / mode of return unknown j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 5 April 2010, reflects the applicant reported having behavioral health issues and being treated for a mental condition. However, there were no medical notes annotated by the medical examiner on the form. Report of Mental Status Evaluation, dated 23 April 2010, reflects the applicant was diagnosed with (Axis I) occupational problems. She met the psychiatric criteria for administrative separation in accordance with Chapter 14-12b, AR 635-200. She was psychiatrically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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 her general (under honorable conditions) discharge to honorable. The applicant's record of service and the issues submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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 her service below that meriting an honorable discharge at the time of 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 she should have been retained on Active Duty. The applicant contends that she needs an upgrade to further her education. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 12 May 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 the circumstances surrounding his discharge (i.e. severe family matters, VA PTSD, TBI & OBH diagnoses, 70 percent service-connected VA disability for PTSD) mitigated the discrediting entry in her 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), the separation code to JKN, and the reentry eligibility (RE) code to 3. 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 Codes to: Change SPD to JKN / Change RE code to 3 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 AR20160003918 2