1. Applicant's Name: a. Application Date: 24 June 2016 b. Date Received: 5 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 to change the narrative reason for his discharge. The applicant seeking relief contending, in pertinent part and in effect, within a week of redeployment from Afghanistan, he checked into a VA hospital for treatment of his PTSD and depression, and psychological evaluation. He was granted 50 percent disability for PTSD. He is currently enrolled in school and taking steps to advance himself personally and professionally. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's misconduct was mitigated on the basis of his PTSD and schizoaffective diagnosis. JLV shows a service-connected disability percentage of 60 percent as of 29 July 2017. A VA C&P examination of 18 November 2011 did find him to have service-connected PTSD. In a records review conducted at Arlington, VA on 4 August 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. in-service PTSD & OBH), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 25 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons: He was absent without leave from 28 December 2010 to 4 January 2011. He wrongfully used marijuana between 6 December 2010 and 5 January 2011. (3) Recommended Characterization: (4) Legal Consultation Date: Waived, 9 March 2011 (5) Administrative Separation Board: General (Under Honorable Conditions) (6) Separation Decision Date / Characterization: 17 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 September 2007 / 3 years, 8 months, 18 weeks (applicant extended his enlistment for an additional 8 months on 28 January 2010) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 6 months, 8 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (15 May 2007 to 15 January 2008), Afghanistan (16 June 2010 to 15 September 2010) f. Awards and Decorations: NDSM; ACM-CS; ICM-CS; GWOTSM; ASR; NATOMDL; CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624 (Specimen Custody Document - Drug Testing), undated, shows the applicant tested positive for marijuana during a urinalysis testing conducted on 5 January 2011, for Inspection, Unit (IU) basis. Reports of Medical Examination and History, dated 12 and 7 January 2011, indicate the applicant and examiners noted behavioral health issues and treatment, respectively. Negative counseling statements for being AWOL; failing to report to his appointed place of duty at the prescribed time; and wrongfully using marijuana; failing a urinalysis. FG Article 15, dated 1 February 2011, for being AWOL on 28 December 2010, until 4 January 2011. The punishment consisted of a reduction to E-1, forfeiture of $733 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: 6 days (AWOL: 28 December 2010 to 3 January 2011) / Applicant returned to his unit j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 20 January 2011, indicates that the applicant had an AXIS I: Depression, Alcohol Dependence, Cannabis Dependence diagnosis, and was psychiatrically cleared for any administration action deemed appropriate by his command. Reports of Medical Examination and History, dated 12 and 7 January 2011, indicate the applicant and examiners noted behavioral health issues and treatment, respectively. Applicant's documentary evidence: Discharge Summaries show diagnoses of PTSD and behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 24 June 2016; DD Form 214; pages 2 and 3 of Report of Medical Examination; and pages 45 thru 68 of discharge summaries, dated 13 July 2011. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is currently in school. 7. REGULATORY CITATION(S): 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. 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, paragraph 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 his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. 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. 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 marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends he was granted 50 percent disability for PTSD. 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. 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(2) is "Misconduct (Drug Abuse)," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. in-service PTSD & OBH), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to 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 d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change Authenticating Official: Secretarial Reviewing Authority: While the Board recommended relief in the form of an upgrade of the characterization to Honorable; as the Secretarial Reviewing Authority (SRA), I reviewed the findings, conclusions, and the Board's recommendation under the authority of Title 10 United States Code Section 1553(b) and Department of Defense Instruction 1332.28 (Discharge Review Board (DRB) Procedures and Standards), enclosure E3.7.1.1.1. I find there is sufficient evidence to grant additional relief and direct that your DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by issuing you a new DD Form 214 showing the characterization of service as Honorable and the narrative reason to Misconduct (Minor Infractions). 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 AR20160012415 3