1. Applicant's Name: a. Application Date: 24 March 2016 b. Date Received: 28 March 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 pertinent part and in effect, his discharge was based on one improper action. He served honorably for three and one-half years, gaining the trust and respect of most of his peers. He was dedicated and advanced very quickly in rank. He completed the Joint Fires Observer Course as an E2 and was recognized for being a Hero of the Battle for a JRTC rotation. He worked tirelessly and endlessly during his deployment. He had superior performance. However, after deployment, he started to struggle with his future-he started drinking. His performance did not slip, but with the anticipation of getting out after a four-year term, and during the second to the last night of his final Christmas block leave, he smoked marijuana. He tested positive and it was the only time he used an illegal substance in the Army. It was also during a period when he should have been receiving help mentally. However, he was very aware and afraid of the stigma a Soldier would receive for treatment. Since his discharge he has been working on fall enrolling in a university. He takes full responsibility for smoking once on leave at a very stupid and vulnerable time. (The applicant detailed his accomplishments while in serving.) He asserts he did not serve the Army in any other way, but with pride, respect, and honor. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant did not show as having relevant diagnoses in the JLV from the VA. The records show he was seen by ASAP for 10 visits from 17 March 2017 to 21 May 2015, and that all his disciplinary troubles occurred after deployment to Afghanistan from 2013 to 2014, during which he earned an ARCOM and a CAB. He appears to have been a very good Soldier before his troubles began. His pre-discharge Mental Status Evaluation on 5 May 2015, shows he was cleared for discharge and screened negative for TBI and PTSD. He met the medical retention standards. On 2 June 2015, in his pre-discharge medical examination, it showed him as having a S1 profile. Despite the absence of clearly identifiable diagnosis, it did seem that not enough attention was given to the recent deployment and the intensity of the applicant's efforts during his service. In a record review hearing conducted at Arlington, VA on 7 June 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, including his combat service, the circumstances surrounding his discharge (i.e., combat stressors were minimized at discharge), his good service record, and compassionate consideration for an otherwise clean record, 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), the separation code to JKN, and the 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: 30 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 June 2015 (2) Basis for Separation: The applicant wrongfully use marijuana between 6 December 2014 and 5 January 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 10 June 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 June 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 January 2012 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13F10, Fire Support Specialist / 3 years, 5 months, 28 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Afghanistan (2 May 2013 to 6 December 2013) f. Awards and Decorations: ARCOM; AAM; AGCM; NDSM; ACM-CS; GWOTSM; ASR; NATO MDL; CAB; MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 7 July 2014, for disobeying an NCO on 3 May 2014. The punishment consisted of a reduction to E-3 (suspended), forfeiture of $447 (suspended), 14 days of extra duty and restriction, and an oral reprimand. Electronic copy of the DD Form 2624, dated 23 February 2015, shows the applicant tested positive for THC during an Inspection, Unit (IU) urinalysis testing conducted on 5 January 2015. Negative counseling statements for wrongfully using marijuana; testing positive during a urinalysis; failing to obey an order or regulation; and imposition of a flagging action. FG Article 15, dated 27 March 2015, for wrongfully using marijuana between 6 December 2014 and 5 January 2015. The punishment consisted of a reduction to E-1, forfeiture of $773 pay per month for two months, and 45 days of extra duty and restriction. Report of Mental Status Evaluation, dated 5 May 2015, cleared the applicant to participate in any administrative proceedings deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 24 March 2016; memorandum for record, dated 17 June 2015; AGCM certificate; Joint Fires Observer Course diploma; Air Assault School diploma; CAB certificate; ARCOM certificate with recommendation for award; AAM certificate; Hero of the Battle certificate; certificate of achievement; certificate of appreciation; and certificate of recognition. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): 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(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 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, paragraph 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." "Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 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, and the issues and documents submitted with his application were carefully reviewed. The record confirms that 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, 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 marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence 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 his discharge was based on one improper action. 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. 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 contends he tested positive and it was the only time he used an illegal substance in the Army, but that it was also during a period when he should have been receiving help mentally. However, the service record contains no evidence of behavioral health issues diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. In consideration of the applicant's service accomplishments and quality of his service prior to the misconduct incident, the Board can find that his accomplishments and complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 character of the applicant's discharge is commensurate with his overall service record. 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 record review hearing conducted at Arlington, VA on 7 June 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, including his combat service, the circumstances surrounding his discharge (i.e., combat stressors were minimized at discharge), his good service record, and compassionate consideration for an otherwise clean record, 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), the separation code to JKN, and the 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 Code to: Change SPD to JKN / Change 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 AR20160006566 1