1. Applicant's Name: a. Application Date: 21 April 2016 b. Date Received: 25 April 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. The applicant seeks relief contending, in effect, he was diagnosed with his PTSD disability months before he was discharged. He used drugs because of his PTSD and it was due to what he experienced during combat. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a Behavioral Health Disorder, PTSD, which ordinarily would mitigate misconduct drug abuse. However, the applicant's misconduct drug abuse preceded his deployment and development of PTSD symptoms. The applicant was separated from the Army based on having a positive drug test for Amphetamines in Nov 2007. He deployed to Afghanistan in March 2008. The first mention of PTSD symptoms in his medical records is in Sep 2009 after his deployment. Since his misconduct amphetamine use occurred prior to his combat exposure and development of PTSD symptoms, it is not mitigated by the applicant's diagnosis of PTSD. JLV has diagnosed the applicant with the following Behavioral Health diagnoses: PTSD, Anxiety Disorder Unspecified, Diffuse Traumatic Brain Injury without LOC, Opioid Dependence in remission on Methadone. In a records review conducted at Arlington, VA on 2 August 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: 30 October 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 4 December 2008 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he tested positive for d-amp (15 November 2007). (3) Recommended Characterization: The unit and battalion commanders recommended he be retained in the US Army. (4) Legal Consultation Date: 17 December 2008, the applicant consulted with legal counsel. On 14 October 2009, the applicant was afforded the opportunity to consult with legal counsel and waived his right to do so. He also waived his right to an administrative separation board, although he was not entitled to a board. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 January 2009, the separation authority ordered the discharge suspended until 9 January 2010 (not to exceed 12 months), at which time, if there is no evidence of further misconduct or action which constitutes substandard performance of duty, this action will be remitted. On 1 October 2009, the separation authority advised the applicant that vacation of the suspension of his discharge was being considered based on his drug use. He was advised of his rights to consult with defense counsel and / or civilian counsel at no expense to the government within a reasonable time (not less than three days) and he could submit written statements on his behalf or decline to make any statement. On 14 October 2009, the separation authority vacated the suspension of the applicant's discharge packet and directed his separation with issuance of general (under honorable conditions) characterization of service. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 January 2007 / 3 years, 16 weeks / moral waiver / 13 November 2006 b. Age at Enlistment / Education / GT Score: 23 years / GED Certificate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 9 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 17 March 2008 to 17 March 2009 f. Awards and Decorations: ARCOM, AAM-3, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATO MDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: A positive urinalysis test coded IO (Inspection Other), dated 26 August 2009, for COC. A positive urinalysis test coded PO (Probable Cause), dated 15 November 2007, for DAMP. FG Article 15, dated 14 December 2007, for wrongful use of dethylamphetamines (15 November 2007); reduction PVT / E-2, forfeiture of $729 pay for two months, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 10 September 2008, revealed the applicant met retention requirements of Chapter 3, AR 40-501; and did not meet the criteria for a MEB. There was no evidence of an emotional or mental condition of sufficient severity to warrant disposition through medical channels. There was no evidence of a psychiatric condition, which would prevent the applicant from participating in any legal or administrative actions. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, the attending physician relates that the applicant has insomnia secondary to IED blast and worse at night. He was prescribed Adderall. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and two letter, Director, Case Management Division. 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." "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 the characterization of service from general (under honorable conditions) 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. 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 seeks relief contending, he was diagnosed with his PTSD disability months before he was discharged. The service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends, he used drugs because of his PTSD and it was due to what he experienced during combat. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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 2 August 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 AR20160008626 5