1. Applicant's Name: a. Application Date: 18 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 and a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, his discharge was equitable because it was based on one isolated incident in 30 months of service with no other adverse incidents. He made a mistake and it should not haunt him for the rest of his life. He feels a RE code of 4 was extremely harsh. Some eleven other Soldiers involved and several were allowed to continue service after the board's decision to discharge him. The Senior Transition Center Technician changed the recommended RE code 3 to 4 and would not provide an explanation. Since his discharge he has continued to work toward being a productive citizen. Every job he worked required an initial urinalysis (random urinalysis) and he passed every single one. He wants to continue serving honorably. Per the Board's Medical Officer, based on the information available for review at the time, the misconduct was mitigated by the applicant's behavioral health conditions. The applicant now has a 100 percent rating service-connected rating from the VA. His conditions include both PTSD and Post-concussion syndrome. In a records review conducted at Arlington, VA on 4 August 2017, and by a 3-2 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, and the circumstances surrounding his discharge (i.e. in-service PTSD, TBI, and OBH) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (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 December 2006 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 5 September 2006 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; testing positive for Benzodiazepine (10 February 2006). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 5 September 2006 (5) Administrative Separation Board: The applicant requested consideration of his case by an administrative separation board. On 28 September 2006, the applicant was notified to appear before an administrative separation board and advised of his rights. On 19 October 2006, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of general (under honorable conditions). The separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of general (under honorable conditions). (6) Separation Decision Date / Characterization: 22 November 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 June 2004 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 4 years, 29 days d. Prior Service / Characterizations: USAR, 7 November 2002 to 3 June 2003 / NA IADT, 4 June 2003 to 13 August 2003 / NA USAR, 14 August 2003 to 14 June 2003 / NA e. Overseas Service / Combat Service: SWA / Iraq, 29 November 2005 to 20 August 2006 f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR, OSR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 18 June 2006, for wrongful use of Benzodiazepine between (8 February 2006 and 12 February 2006); and derelict in the performance of his duties in that he negligently failed to ensure his weapon was accounted for and in his control at all times, as it was his duty to do (21 March 2006); reduction to PV2 / E-2, forfeiture of $713 pay for two months, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 24 August 2006, relates that the applicant was psychologically cleared for administrative separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 17 October 2006, shows that the applicant had an Axis I diagnosis of an adjustment disorder with mixed emotional features and insomnia. He has significant insomnia and is currently being treated with a strong medication called Seroquel. He is taking a relatively high dose of 100mg nightly. He was psychiatrically cleared for any action deemed appropriated by Command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; letter, applicant's defense counsel, Soldiers involved in ASAP, promotion order, certificate of training; letter, Colorado Tech University; letter, Cripple Creek & Victor Gold Mining Company, Colorado Tech University, BS in Business Administration; excerpt from AR 635-200, pages 42-23 and 97-98; and 56 pages of other OMPF documents. 6. POST SERVICE ACCOMPLISHMENTS: The applicant stated in his application that he earned a Bachelor's and Master's degrees. 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." "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 and a change to the narrative reason for separation to include the reentry eligibility (RE) code. 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 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 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. The applicant seeks relief contending, his discharge was equitable because it was based on one isolated incident in 30 months of service with no other adverse incidents; he made a mistake and it should not haunt him for the rest of his life. Although an isolated 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 feels a RE code of 4 was extremely harsh; and the Senior Transition Center Technician changed the recommended RE code of 3 to 4 and would not provide an explanation Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. The applicant also contends, some eleven other Soldiers were involved and several were allowed to continue service. The method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant additionally contends, since his discharge he has continued to work toward being a productive citizen; and every job he worked required an initial urinalysis (random urinalysis) and he passed every single one. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. Lastly, the applicant desires to continue serving honorably. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application. 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 4 August 2017, and by a 3-2 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, and the circumstances surrounding his discharge (i.e. in-service PTSD, TBI, and OBH) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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: SECRETARIAL REVIEWING AUTHORITY (SRA): While the Board recommended partial relief; as the Secretarial Reviewing Authority, I reviewed the findings, conclusions, and the Board's recommendation under the authority of Title 10 United States Code Section 1553(b) and Department of Defense Instruction 1332.28 (Discharge Review Board (DRB) Procedures and Standards), enclosure E3.7.1.1.1. I find there is sufficient evidence to grant additional relief and direct that your DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by issuing you a new DD Form 214 showing the characterization of service as Honorable and the narrative reason to Misconduct (Minor Infractions). 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 AR20160008680 1