1. Applicant's Name: a. Application Date: 10 June 2016 b. Date Received: 16 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being eligible for VA healthcare. The applicant admits to having made mistakes that led to his discharge but he would like the board to consider that he served seven and a half years and for the majority of it he was a good Soldier. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's behavioral health conditions did not mitigate his misconduct. The JLV showed a service-connected disability rating of 10 percent by the VA as of 28 July 2017. His application contained a progress note with a PTSD diagnosis on it. The evidence of PTSD was insufficient to tell its relevance, even if accurate, to the applicant's misconduct. In a records review conducted at Arlington, VA on 4 August 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (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: 29 December 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 October 2005 (2) Basis for Separation: The applicant was informed of the following reasons: violating Article 86, UCMJ (failure to report) on 11 May 2005, 12 May 2005, 23 June 2005, and 18 July 2005; and Violation of Article 112a (positive UA for marijuana THC) between 14 May -14 June 2005 and (possession of contraband testing positive for marijuana THC) on 8 August 2005 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 25 October 2005 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board (6) Separation Decision Date / Characterization: 16 December 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 June 2001 / 5 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19K10, M1 Armor Crewman / 7 years, 6 months, 4 days d. Prior Service / Characterizations: RA, 28 May 1998 to 2 June 2001 / HD e. Overseas Service / Combat Service: SWA / Iraq (19 March 2004 to 18 March 2005) f. Awards and Decorations: ARCOM-4, AAM-4, AGCM, NDSM, KDSM, AFEM, NOPDR, ASR, NATOMDL, GWOTEM, GWOTSM g. Performance Ratings: July 2002 to June 2003, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 16 June 2005, for failure to go at the time prescribe to his appointed place of duty on 11 May 2005 and 12 May 2005. The punishment consisted of forfeiture of $514 pay per month for one month (suspended), and 14 days extra duty and restriction. Record of Supplementary Action Under Article 15, UCMJ, dated 27 June 2005, shows that the punishment that was imposed on 16 June 2005 of forfeiture of $514 pay per month for one month was vacated based on his failing to go at the time prescribed to his appointed place of duty on 23 June 2005. FG Article 15, dated 11 July 2005, for wrongfully using marijuana between 14 May 2005 and 14 June 2005. The punishment consisted of reduction to E-4, forfeiture of $500 pay per month for two months (suspended), and 45 days extra duty and restriction. Judgment of Conviction with the State of Texas. i. Lost Time / Mode of Return: Confined by civilian authority 28 days (13 September 2005 to 10 October 2005) j. Diagnosed PTSD / TBI / Behavioral Health: The Medical Report submitted by the applicant from the psychologist makes reference to the applicant having been referred for counseling for PTSD symptoms (i.e., sleep disturbance, irritability, depressed mood, etc.). It was noted that the applicant had depressive symptoms and would benefit from continued counseling to address both direct and indirect effects of his PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293; letters of support; medical report from a psychologist; and copy of DD Form 214. The medical report from the psychologist makes reference to the applicant having been referred for counseling for PTSD symptoms (i.e., sleep disturbance, irritability, depressed mood, etc.). 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 his under other than honorable conditions discharge to general (under honorable conditions). 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 seeks relief contending he admits to having made mistakes that led to his discharge but he would like the board to consider that he served seven and a half years and for the majority of it he was a good Soldier. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his accomplishment. However, it appears this service was determined not to be sufficiently mitigating to warrant a characterization of service of general (under honorable conditions) at the time of discharge because of the repeated incidents of misconduct or by the documented actions under Article 15 of the Uniform Code of Military Justice. The independent document submitted by the applicant reference his referral for PTSD symptoms was noted; however, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant expressed his desire for an upgrade of his discharge for the purpose of being eligible for VA healthcare. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD/RE Code to: Change SPD to JKQ / 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 AR20160011377 4