1. Applicant's Name: a. Application Date: 2 May 2016 b. Date Received: 9 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, he was discharged due to his poor health, not for disciplinary reasons. Further contending that, while in the Army, his behavior was good. 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's behavioral health conditions, especially Depression, can be associated with use of alcohol and substances for self- medication, risk-taking behaviors, impaired judgment, and impulsivity, there is a nexus between this applicant's behavioral health symptoms and his misconduct. In a records review conducted at Arlington, VA on 23 August 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge (i.e. 50% service-connected disability rating and in-service diagnosis of other behavioral health issues), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, Not A Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 16 April 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 March 2010 (2) Basis for Separation: Separation action was initiated for Other Designated Physical or Mental Conditions. "Due to the applicant [sic] being diagnosed with an Adjustment Disorder, mixed and wrongfully using marijuana." (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 March 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 April 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 April 2009 / 4 years, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10 / 1 year, 4 months, 12 days d. Prior Service / Characterizations: ARNG, 11 July 2008 to 20 November 2008 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624 (Specimen Custody Document - Drug Testing), dated 30 November 2009, reflects the applicant tested positive for marijuana during an Inspection Unit (IU) urinalysis testing. FG Article 15, dated 22 February 2010, for wrongfully using marijuana (between 31 October and 30 November 2009). The punishment consisted of a reduction to E-1, forfeiture of $724.00 pay per month for two months, restriction for 45 days (suspended), and extra duty for 45 days. The applicant received several counseling statements for disciplinary infractions, referral to behavioral health for suicidal thoughts/depression, and enrollment into ASAP. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 5 January 2010, reflects the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was diagnosed IAW DSM IV Adjustment Disorder, mixed. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. 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. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder, mixed. The unit commander informed the applicant as to the specific factors in the service record that warranted a general (under honorable conditions) discharge. The applicant contends that he was discharged due to his poor health, not for disciplinary reasons. Further contending that, while in the Army, his behavior was good. However, based on the commander's notification memorandum, the applicant's "mixed, wrongful use of marijuana" was used, in addition to his adjustment disorder, as the basis for his discharge. Therefore, as a Soldier, the applicant had the duty to support and abide by the Army's drug policies. By using illegal drugs, the applicant knowingly risked a military career and marred the quality of his service. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 23 August 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge (i.e. 50% service-connected disability rating and in-service diagnosis of other behavioral health issues), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. 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 AR20160009207 1