1. Applicant's Name: a. Application Date: 30 June 2016 b. Date Received: 1 July 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 and a change to the narrative reason for separation. The applicant states, in pertinent part and in effect, when he returned from Afghanistan at the age of 19, he was not prepared to reenter the civilian life. He was suffering from PTSD, TBI, and had a seizure while in Afghanistan. He was not provided the proper behavioral health care, which led him to self-medicate with alcohol. Had he received proper care, his service would not have been tainted. Per the Board's Medical Officer, based on the information available for review at the time, diagnoses in JLV on his VA problem list included PTSD, Concussion without Loss of Consciousness, Alcohol Dependence, Insomnia, and Cognitive Disorder. He has a JLV service- connected disability rating of 100 percent. A C&P exam on 3 February goes over the reasons why the applicant met full criteria for a PTSD diagnosis; however, there would have been no way, based on his presentation in 2006, to diagnose him with PTSD. Nevertheless the Policy of Liberal Guidance entitles him to be treated as having PTSD, whatever his symptoms at the time of his service, if he had one symptom of PTSD. His self-soothing with drugs would qualify as one symptom; consequently, in combination with the available fact, the drug abuse that preceded his discharge is mitigated. At the same time, there is no denying that he was using drugs. His packet did show a referral from his company commander for inpatient substance abuse treatment. He was discharged in any event for the drug abuse. In a personal appearance hearing conducted at Arlington, VA on 22 May 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 his combat service, valor, his personal testimony, and the circumstances surrounding his discharge (i.e. severe life stressors and 70 percent PTSD (100 percent VA disability rating), character references) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority, under the provisions of Chapter 5, Paragraph 5-3, AR 635- 200, with a corresponding separation (SPD) code of "JFF." (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 October 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 October 2006 (2) Basis for Separation: The applicant wrongfully used Morphine (29 May 2006). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 October 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 October 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 July 2004 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 2 years, 3 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Italy, SWA / Afghanistan (1 April 2005 to 26 March 2006) f. Awards and Decorations: ARCOM-V, ARCOM, ACM, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) Enrollment, dated 30 May 2006, indicates the applicant self- enrolled; however, although an "X" entry precedes the "Command," but next the "Self," the enrollment was signed by the applicant's chain of command, which shows the "X" was erroneously entered next to "Self." The enrollment shows, it was the chain of command's recommendation that the "Soldier" needed alcohol and/or drug education, and they assessed the applicant's performance as "good" and behavioral as "fair." As to record of disciplinary issues, the applicant was "pending UCMJ for events in the morning on the 29th of May 2006, which involved the death of a Soldier ... blood tests indicated high BAC as well as Opiate abuse." Negative counseling statement for substance abuse, alcohol abuse problems, and meetings with ASAP. FG Article 15, dated 17 August 2006, for wrongfully using morphine (29 May 2006). The punishment consisted of a reduction to E-1, forfeiture of $633 pay per month for two months, 45 days of extra duty, and 31 days of restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating Decision letter reflects the applicant received a service-connected disability rating for PTSD, and his VA health record shows he is being treated for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA Rating Decision letter; DD Form 214; and (Two-Part voluminous reports); My HealtheVet Personal Information Report (VA health record), dated 14 March 2016. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 and a change to the narrative reason for separation. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The record further confirms that 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. By the incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. 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's contentions regarding his behavioral health issues which involved suffering from PTSD and TBI causing him to self-medicate, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Four pages of character references b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 22 May 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 his combat service, valor, his personal testimony, and the circumstances surrounding his discharge (i.e. severe life stressors and 70 percent PTSD (100 percent VA disability rating), character references) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority, under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF." 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ No Change to RE code 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 AR20160012061 5