1. Applicant's Name: a. Application Date: 20 January 2016 b. Date Received: 1 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, there was no other reason for his discharge. He served his country honorably and he would have continued to serve. Per the Board's Medical Officer, based on the information available for review at the time, the applicant reported significant problems related to sleep, depression, adjustment difficulties, and PTSD stemming from two deployments. Because his behavioral health conditions, particularly PTSD can be related to the use of substances for self-medication, there is a nexus between his behavioral health condition and misconduct. In a personal appearance hearing conducted at Arlington, VA on 21 August 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, and the circumstances surrounding the discharge (i.e. in-service diagnosis of PTSD and post-service 100% disability rating) 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 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 code to RE-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: 28 November 2012 c. Separation Facts: No, they were submitted by the applicant. (1) Date of Notification of Intent to Separate: 10 September 2012 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully used spice between (4 July 2011 and 12 March 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 September 2012 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board, contingent upon him receiving an honorable characterization of service; although he was not entitled to a board. (6) Separation Decision Date / Characterization: 12 September 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 October 2006 / 6 years / 9 month extension (8 March 2011) b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-5 / 68W10, Health Care Specialist / 6 years, 1 month, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq x2 (1 August 2007 to 28 March 2008 and (17 December 2009 to 4 December 2010) f. Awards and Decorations: ARCOM, AAM-3, AGCM, NDSM, ICM-3CS, GWOTSM, NOPDR, ASR, OSR-2 g. Performance Ratings: 1 August 2010 to 15 April 2011, Among The Best 16 April 2011 to 15 April 2012, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 26 April 2012, for smoking spice, such action being prejudicial to good order and discipline in the armed forces and being of a nature to bring discredit upon the armed forces between (4 July 2011 and 12 March 2012; reduction to SPC / E-4, forfeiture of $1,133 pay (suspended), extra duty for 45 days and an oral reprimand. The applicant received a negative counseling statement for being recommended for separation for using spice. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 x3 (six pages); chapter 14 separation packet (19 pages); letter, Director, Case Management Division; DD Form 214; OMPF documents (five pages); and a prior records review AR20130000156. 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. 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 14-12c(2), misconduct (drug abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a NCO. 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 diminished the quality of his 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 he should have been retained on Active Duty. The applicant requests a change to the narrative reason for separation to include the RE code. 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). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, there was no other reason for his discharge. 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 of service. 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 further contends, he served his country honorably and would have continued to serve. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): VA medical documents - 25 pages Sworn statements - 4 pages Appeal letter regarding Article 15 - 2 pages b. The applicant presented the following additional contention(s): Change narrative reson on DD-214 Change RE code on DD-214 c. Witness(es) / Observer(s): Leanna Boone (O) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 21 August 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, and the circumstances surrounding the discharge (i.e. in-service diagnosis of PTSD and post- service 100% disability rating) 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 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 code to RE-3. 11. 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: 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 AR20160004039 5