1. Applicant's Name: a. Application Date: 19 November 2015 b. Date Received: 5 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, due to the way he was treated he suffered multiple mental conditions. He was hazed and harassed daily by SGT B. and other NCOs. He turned to drugs and it was the only thing keeping him from committing suicide. He was not provided adequate care and he kept falling apart more and more. He was being punished for his problems instead of being helped. The most upsetting and emotional thing he had to deal with was being forced out of the Army. He received a 50 percent service connected disability for anxiety and depression. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. SMs active duty electronic medical records revealed diagnoses of Cannabis Dependence. Medical records indicated SM started regularly using marijuana at the age of 16 to include up to 2 grams per day at the age of 18. He also reported snorting Xanax prior to military service. He participated in ASAP but did not successfully complete due to relapse. In a records review conducted at Arlington, VA on 25 September 2017, and by a 5-0 vote the Board determined the characterization was improper. The record shows the government introduced into the discharge packet the results of two biochemical tests conducted on 28 May 2013 and 12 June 2013, which were coded "RO" (Rehabilitation Testing) and they were part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the tests were administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the board found that the reason and SPD/RE Code were proper and equitable. (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 / General (Under Honorable Conditions b. Date of Discharge: 21 October 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 25 September 2013 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully used THC x3 between (28 April 2013 and 28 May 2013), (12 April 2013 and 12 May 2013) and (4 March 2013 and 4 April 2013). (3) Recommended Characterization: General (Under Honorable Conditions (4) Legal Consultation Date: 2 October 2013, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 October 2013 / General (Under Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 August 2013 / 3 years, 30 weeks b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25Q10, Multichannel Transmission Systems Operator / Maintainer / 2 years, 2 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation x2, dated 2 April 2013 and 16 July 2013, revealed the applicant was under investigation for wrongful possession of marijuana within 1,000 feet of a playground and failing to obey a general order. A positive urinalysis test coded PO (Probable Cause), dated 4 April 2013, for THC. Two positive urinalysis tests coded RO (Rehabilitation Testing), dated 28 May 2013 and 12 June 2013. FG Article 15, dated 6 August 2013, for being disrespectful in language and deportment toward SGT W.S., a noncommissioned officer, who was then in the execution of her office, by saying to her "I am going to slap you," or words to that effect and approaching her in an aggressive manner (19 July 2013); disrespectful in language and deportment toward SGT P.B., a superior noncommissioned officer, who was then in the execution of her office, by saying to him "Fuck this I am going to my room," or words to that effect and walking away (23 July 2013); and wrongfully use marijuana between (4 March 2013 and 4 April 2013); reduction to PVT / E-1; forfeiture of $758 pay for two months (suspended), extra duty and restriction for 30 days. The applicant received several negative counseling statements for positive drug tests; debt avoidance and notification of pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated, 4 September 2013, relates the applicant had an Axis I diagnosis of cannabis dependence, continuous (per record / ASAP). He was screened for PTSD and mTBI in accordance with OTSG / MEDCOM policy Memo 10-040 and the results were negative. He met medical retention per AR40-501 and is therefore cleared for chapter 14 separation. VA Rating decision, dated 10 August 2015, revealed the applicant received a 50 percent service connected disabling rating for an unspecified anxiety disorder (claimed as depression with anxiety). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); character statement; DD Form 214; letter, Director, Case Management Division; VA Rating decision (three pages); and a VA civil service preference certificate. 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. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c(2), misconduct (drug abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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 general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record shows the government introduced into the discharge packet the results of two biochemical tests conducted on 28 May 2013 and 12 June 2013, which were coded "RO" (Rehabilitation Testing) and they were part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the tests was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. The applicant requested a change to the narrative reason for separation. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, due to the way he was treated he suffered multiple mental conditions; and he received a 50 percent service connected disability for anxiety and depression. The record of evidence shows that the applicant submitted a VA rating decision that revealed he received a 50 percent service connected disabling rating for an unspecified anxiety disorder (claimed as depression with anxiety). The applicant further contends he was hazed and harassed daily by SGT B. and other NCOs. Although the applicant alleges that he was hazed and harassed during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support his request for a change to the narrative reason for separation. The applicant additionally contends, he was not provided adequate care and he kept falling apart more and more. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. If the applicant believed he received inadequate care, he could have self-referred to the community behavioral health center for further assistance. Furthermore, the applicant contends he was being punished for his problems instead of being helped. The evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. Lastly, the applicant contends, the most upsetting and emotional thing he had to deal with was being forced out of the Army. 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. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 25 September 2017, and by a 5-0 vote the Board determined the characterization was improper. The record shows the government introduced into the discharge packet the results of two biochemical tests conducted on 28 May 2013 and 12 June 2013, which were coded "RO" (Rehabilitation Testing) and they were part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the tests were administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the board found that the reason and SPD/RE Code were proper and equitable. 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 AR20160012375 1