1. Applicant's Name: a. Application Date: 2 February 2016 b. Date Received: 22 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, his discharge is inequitable and improper because it was based on one misconduct citation, a single positive marijuana use, which he states was an effort to manage his combat stress. The applicant contends that if he was properly diagnosed for PTSD, as the VA has since diagnosed him for, he would have been referred for treatment or to a Medical Evaluation Board (MEB), rather than for separation. The applicant further contends that he is a combat veteran of both OEF and OIF and his service was honest, faithful, and meritorious, aside from the single act of misconduct that led to his discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a possibly mitigating behavioral health condition for the offense which led to his separation from the Army. The applicant has a post-service VA diagnosis of chronic PTSD. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes nine VA-entered problems including chronic PTSD, paranoid state, suicidal and homicidal state, cocaine dependence continuous, tinea corporis, and other hyperlipidemia. The Veterans Affairs has service-connected the applicant at 70 percent for PTSD. In a records review conducted at Arlington, VA on 24 May 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, 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: 12 August 2004 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 1 July 2004 (2) Basis for Separation: The applicant wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 July 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 July 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 August 2003 / 4 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B1P, Infantryman / 3 years, 9 months, 24 days d. Prior Service / Characterizations: RA, 19 October 2000 to 14 August 2003 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (17 June 2002 to 20 December 2002) f. Awards and Decorations: AGCM, NDSM, GWOTEM, GWOTSM, ASR, CIB g. Performance Ratings: January 2004 to July 2004, Marginal h. Disciplinary Action(s) / Evidentiary Record: A positive urinalysis test coded IU (Inspection Unit), dated 20 May 2004, for THC. FG Article 15, dated 4 June 2004, for wrongful use of marijuana between (20 April 2004 and 20 May 2004). The punishment consisted of a reduction to E-4, forfeiture of $863 pay for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 21 June 2004, reflects the applicant was diagnosed with (Axis) cannabis abuse and partner relational problems and (Axis II) antisocial personality disorder traits. There was no evidence of an emotional or mental disorder of psychiatric significance to warrant disposition through medical channels. He was psychiatrically cleared for any administrative action and or training deemed appropriate by Command. VA Rating Decision letter, page 2, reflects the applicant was awarded a 70 percent disabled rating for PTSD, with an effective date of 3 November 2014. VA Progress Notes, dated 3 April 2015, reflect the applicant was diagnosed with PTSD, depressed mood and anxiety. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA rating decision; and VA progress notes. 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. 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." 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 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. By the misconduct (serious offense), the applicant 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 contends that his discharge is inequitable and improper because it was based on one misconduct citation, a single positive marijuana use. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates 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 states that used marijuana in an effort to manage his combat stress. The record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant states that if he was properly diagnosed for PTSD, as the VA has since diagnosed him for, he would have been referred for treatment or to an MEB. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the issue that he was unjustly discharged. Further, the fact that the Veterans Administration has granted the applicant a service connection disability for medical conditions the applicant suffered while on active duty, does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. Also, 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 applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceedings were carefully considered. 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 determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, 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. 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 AR20160004600 3