1. Applicant's Name: a. Application Date: 18 May 2016 b. Date Received: 27 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, her characterization of service was unjust. Her 16 years of service was honorable, a stellar performer that lived by the Army values. Her family member suffered from various medical and mental conditions and a toxic work environment caused a heavy strain on her. Per the Board's Medical Officer, very limited information is available in AHLTA. The applicant has been seen for mood and anxiety related issues off-post. She has been prescribed antidepressants since 2014. Insufficient evidence is provided to determine if there is a nexus between the applicant's cannabis use and mental health related issues. In a records review conducted at Arlington, VA on 30 August 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, severe family matters and the circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health issues) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 20 May 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 22 December 2015 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; abuse of illegal drugs. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 March 2016 (5) Administrative Separation Board: The applicant requested consideration of her case by an administrative separation board. On 15 March 2016, the applicant was notified to appear before an administrative separation board and advised of her rights. On 16 April 206, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of under other than 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 under other than honorable conditions. (6) Separation Decision Date / Characterization: 25 April 2016 / Under Other Than Honorable Conditions / the applicant was reduced to the lowest enlisted rank. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 July 2014 / USAR / 3 years b. Age at Enlistment / Education / GT Score: 32 years / 14 years / 102 c. Highest Grade Achieved / MOS / Total Service: E-6 / 42A30, Human Resources Specialist / 16 years, 1 month, 16 days d. Prior Service / Characterizations: ARNG, 5 April 2000 to 14 May 2000 / NA IADT, 15 May 2000 to 28 September 2000 / UNC ARNG, 29 September 2000 to 14 March 2003 / NA AD, 15 March 2003 to 20 October 2003 / HD USAR, 21 October 2003 to 25 February 2008 / HD USAR, 26 February 2008 to 20 July 2008 / NA AD, 21 July 2008 to 27 July 2014 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: ARCOM, AAM, AGCM-3, ARCAM, NDSM, GWOTSM, AFRM, ASR g. Performance Ratings: 2 April 2009 to 30 September 2014, Among The Best 1 October 2014 to 30 September 2015, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 1 February 2016, relates the applicant had an Axis I diagnosis of a persistent depressive disorder (dysthymia), mild, with anxious distress and ADHD (per applicant's report). The applicant was screened for PTSD and mTBI, the screen for PTSD was positive and mTBI was negative. Although she demonstrates the need for BH resources, there was no evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels. The applicant was mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. This applicant was psychologically cleared for any administrative action deemed appropriate by the separation authority. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); applicant statement (14 pages); eight character statements; and seven NCOERs. 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 under other than honorable conditions to general (under honorable conditions) or honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms 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, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a NCO. 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 and diminished the quality of her 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 she should have been retained on Active Duty. The applicant seeks relief contending, her characterization of service was unjust. 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. Army policy states that an under other than honorable conditions discharge is normally considered appropriate. The applicant further contends, her 16 years of service was honorable, a stellar performer that lived by the Army values. 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 also contends, several of her family members suffered from various medical and mental conditions and a toxic work environment caused a heavy strain on her. The record of evidence does not demonstrate that she sought relief through her command or the numerous Army community services like the Chaplain, Family Support Services and other medical resources available to all Soldiers. Likewise, she has provided no evidence that she should not be held responsible for her misconduct. 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 30 August 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, severe family matters and the circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health issues) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General (Under Honorable Conditions) c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / Change to RE code to 3 f. Restore 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 AR20160010108 5