1. Applicant's Name: a. Application Date: 11 May 2016 b. Date Received: 16 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, her discharge is inequitable because it was based on one isolated incident in six years of service with no other adverse action. The only factor was that she was a noncommissioned officer. 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 had a medical or behavioral health condition that was partially mitigating for some but not all of the offenses which led to her separation from the Army. The applicant's Active Duty electronic medical records revealed a diagnosis of PTSD, an Adjustment Disorder with Grief Reaction, Cannabis Abuse, Major Depression, and Anxiety. Military and medical records indicated the applicant had experienced domestic violence, had a family history of substance use, started using marijuana upon returning from her second deployment, and increased use following the death of her brother. Because Anxiety can be associated with use of substances for self-medication, there is a nexus between this applicant's misconduct (alcohol and marijuana use) and her behavioral health symptoms. In a records review conducted at Arlington, VA on 21 July 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, to include her combat service, mitigated the discrediting entry in her 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 4 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 April 2015 (2) Basis for Separation: The applicant was informed of the following reasons: Possession of 4.6 grams of marijuana; and, Operating a motor vehicle while intoxicated. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 30 April 2015 (5) Administrative Separation Board: On 19 May 2015, the applicant was notified to appear before an administrative separation board and advised of her rights. On 5 June 2015, 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: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 September 2013 / 3 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-5 / 42A10, Human Resources / 7 years, 1 month, 15 day d. Prior Service / Characterizations: RA, 20 August 2008 - 10 September 2013 / HD e. Overseas Service / Combat Service: Italy, SWA / Afghanistan (1 November 2009 - 13 November 2010 and 28 September 2012 - 19 September 2013) f. Awards and Decorations: ACM-3CS, ARCOM-3, AAM-3, MUC-2, AGCM-2, NDSM, GWOTSM, NCOPDR, ASR, OSR-3, NATOMDL-2, CAB g. Performance Ratings: 2 September 2013 - 1 September 2014 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation, dated 19 February 2015, reflects an investigation established probable cause existed to believe the applicant and PFC N committed the offense of wrongful possession of marijuana when marijuana was found in the applicant's vehicle. FG Article 15, dated 9 April 2015, for physically controlling a vehicle while impaired by a substance and for wrongfully possessing marijuana (14 February 2015). The punishment consisted of a reduction to E-4; forfeiture of $1,225 pay per month for two months (suspended); and, extra duty for 30 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 23 February 2015, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with PTSD, Depression and Cannabis Abuse (by history). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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. 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 her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The applicant, as a NCO, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career marred the quality of her service. The record confirms that the applicant's discharge was appropriate because the quality of her 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 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 she should have been retained on active duty. The applicant contends that she had good service which included two combat tours. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. The applicant contends the event that caused her discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates 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 service record contains documentation that supports a diagnosis of in service Post-Traumatic Stress Disorder (PTSD); however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 23 February 2015, the applicant underwent a mental status evaluation which indicates she was mentally responsible and was able to recognize right from wrong. It appears the applicant's chain of command determined that although she was suffering from PTSD, she knew the difference between what was right and wrong. The third party statement provided with the application spoke highly of the applicant's performance. The author recognized her good performance while in the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 21 July 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, to include her combat service, mitigated the discrediting entry in her 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: 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 AR20160009451 1