1. Applicant's Name: a. Application Date: 17 February 2015 b. Date Received: 10 May 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, that he would like an upgrade of his discharge for the purpose of being able to obtain better employment. He contends he was discharge as a result of marijuana use; however, it should have been for being under the use of a controlled substance (i.e., pills) given to him by a doctor (Tylenol 3). Per the Board's Medical Officer, based on the information available for review at the time, there is a nexus between his behavioral health conditions and misconduct. In a records review conducted at Arlington, VA on 29 November 2017, and by a 5-0 vote, the Board determined that the discharge was inequitable based on the applicant's length of service to include combat service, and a VA, post-service diagnosis of PTSD. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 23 January 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 December 2006 (2) Basis for Separation: The applicant was informed of the following reasons: wrongful use of marijuana between 7 September 2006 and 6 October 2006; and Receiving a supplementary action on 30 October 2006, under Article 15 for failing to report for extra duty (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 28 December 2006, the applicant declined the opportunity to consult with legal counsel (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 January 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 November 2004 / 4 years, 18 weeks b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 2 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (12 August 2005 to 28 July 2006) f. Awards and Decorations: NDSM, ICM-ARWHD, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: There is a positive urinalysis report contained in the record coded IU, (Inspection Unit), that shows the applicant tested positive for THC 82 on 6 October 2006. FG Article 15, dated 24 October 2006, for wrongfully using marijuana between 7 September 2006 and 6 October 2006. The punishment consisted reduction to E-1, forfeiture of $636 pay per month for two months, 45 days extra duty, 45 days restriction (suspended), and oral reprimand. Record of Supplementary Action Under article 15, UCMJ, dated 30 October 2006, vacated the suspension of 45 days restriction imposed on 24 October 2006. The vacation was based on the applicant failing to go to his appointed place of duty on 26 October 2006. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 7 December 2006, which shows the applicant was diagnosed with an Axis I for cannabis dependence, adjustment disorder NOS. It was noted that the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in administrative proceedings. The applicant was cleared for any administrative or judicial actions deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of 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. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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, 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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. 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 seek relief contending he was discharged as a result of marijuana use; however it should have been for being under the use of a controlled substance (i.e., pills) given to him by a doctor (Tylenol 3). The applicant's contention was noted; however, the evidence in the record shows the applicant's positive urinalysis test was a result of the commander's authority to inspect to determine the health and welfare of unit members, such as: parts of a unit based on random selection (IR) inspection random to maintain good order and discipline within the unit. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his positive test result was the result of his use of Tylenol 3. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 29 November 2017, and by a 5-0 vote, the Board determined that the discharge was inequitable based on the applicant's length of service to include combat service, and a VA, post-service diagnosis of PTSD. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 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: 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 AR20160009134 1