1. Applicant's Name: a. Application Date: 10 February 2016 b. Date Received: 19 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 and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was discharged for drug abuse although he committed no such offense. The applicant contends that he did not fail a urinalysis test and that no drugs were at his home. He further contends that he was experiencing a family hardship due to being unable to perform duties as a single parent because his wife was caught with drugs and ammo and that they began court martial proceedings while he was going through a divorce and custody action. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did have a partially mitigating behavioral health condition (anxiety) for some (possibly post deployment drug use) but not the majority of the offenses (pre deployment drug use; spouse and child abuse; larceny of government property (flares/ammunition) and others) 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 52 problems (eight VA-entered) including chronic PTSD, other recurrent depressive disorders, knee pain, low back pain, tobacco use, alcohol abuse in remission, cocaine dependence in remission, and marijuana abuse in remission. The Veterans Affairs has service-connected at 80 percent overall (PTSD at 70 percent; limited flexion of knee at 10 percent, lumbosacral or cervical strain at 10%, and residuals of foot injury at 0 percent). In a records review conducted at Arlington, VA on 24 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: 5 October 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 19 September 2011 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully used synthetic cannabinoids (between 1 March 2011 and 9 July 2011); and, stole three smoke grenades, a white star cluster, and 270 rounds of 5.56 ball ammunition (between 10 January 2011 and 13 July 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 September 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 February 2010 / 3 years b. Age at Enlistment / Education / GT Score: 19 / GED / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 3 months, 24 days d. Prior Service / Characterizations: RA, 12 June 2008 to 19 February 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq (15 October 2009 to 1 August 2010) f. Awards and Decorations: AAM, NDSM, ICM-CS, GWOTSM, ASR, OSR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation, dated 19 July 2011, reflects the applicant was under investigation for wrongful use of spice. Two negative counseling statements, dated 13 July 2013 and 19 July 2013, for a verbal and physical altercation with his spouse, contraband items discovered in his residence and the circumstances regarding domestic dispute between he and his spouse, respectively. Report of Mental Status Evaluation, dated 25 July 2011, indicates that based on this assessment, the applicant could understand and participate in the administrative proceedings; however, in view of relevant clinical findings, he must be referred for further/additional assessment(s), as indicated in the section VIII. The applicant had a positive PTSD screen of 63. FG Article 15, dated 8 September 2011, for stealing three smoke grenades, one white star cluster, and 270 rounds of 5.56 ball ammunition, military property, of a certain value, the property of the U.S. Army between (10 January 2011 and 13 July 2011); and wrongfully used synthetic cannabinoids a Schedule I Controlled substance on divers occasions between (1 March 2011 and 9 July 2011). The punishment consisted of a reduction to E-1, forfeiture of $733 pay for two months, extra duty and restriction for 45 days, and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The record does not contain a diagnosis of any mental health issue. However, the record of evidence revealed that behavioral health started the applicant on Zoloft. 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. 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. 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 and a change to the narrative reason for separation. The applicant's record of service and the issues 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 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. 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, he was discharged for drug abuse and he committed no such offense; and he did not fail a urinalysis test and no drugs were at his home. The record of evidence (CID Report) revealed that the Fort Irwin Police Department (FIPD), reported that the applicant was found in possession of drug paraphernalia with burnt residue in his residence. The Investigation established probable cause to believe the applicant committed the offense of wrongful use of spice when he admitted to smoking spice. The applicant was interviewed and admitted to smoking spice on 9 July 2011 and further admitted two of the three pipes found in his residence belonged to him. The applicant further contends, he was experiencing a family hardship due to being unable to perform duties as a single parent; because his wife was caught with drugs and ammo; and they began court martial proceedings while he was going through a divorce and custody action. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center and other resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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 a single parent, or his wife was caught with drugs and ammo and he was pending a court-martial, while going through divorce and custody proceedings. 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 24 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. Restore (Restoration of) 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 AR20160004111 5