1. Applicant's Name: a. Application Date: 19 July 2016 b. Date Received: 21 July 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 honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, while he was on a deployment, he was directly involved in three dismounted lED blasts, numerous mounted lED blasts, as well as being involved in many situations where the loss of life incurred. He received the Purple Heart as a result of one of the blasts and the loss of life was and is very hard for him to deal with. Since then, he has experienced severely depressed mood, migraines, physical pain and he has not been able to find relief. While still on active duty, he sought mental health treatment where they tried to help him and he was prescribed Ritalin. After working with mental health and seeing no change, he began taking pain killers, which were not legally prescribed, to ease his physical as well as mental pain, to allow him to function. Through his entire enlistment, he had performed his duties to the best of his abilities and he never had any negative marks. He received awards for his exemplary service. He states, the issue he had with substance abuse; was strictly to try and deal with the physical and mental pain. He participated in an inpatient rehabilitation program, while on active duty, to help him with his problem. He still struggles with his mental health problems, which are directly related to the things that he experienced in combat. Since his discharge, he is trying to function in civilian life with employment and a family. He is in desperate need of help through the VA, and without an upgrade in discharge, he will not be eligible to receive that help. Per the Board's Medical Officer, based on the information available for review at the time, Applicant had AHLTA diagnoses of ADHD, Adjustment Disorder with Anxiety, TBI (3 visits), concussion with Los of Consciousness of 30 minutes or less, Decreased Concentration Ability, Headache Syndromes, insomnia, Opioid Dependence, Opioid Dependence in Remission, and Other Specified Family Circumstances. JLV showed neither a service-connected disability percentage nor visits to the VA for treatment. On 27 March 2013, he denied all psychiatric symptoms. He was given a Separation Mental Status Exam (MSE) on 03 April 2013. It cleared the applicant for administrative discharge, noted he met medical retention standards, was fit for duty, and tested negative for PTSD and TBI. The latter result is surprising, as his record shows he sustained a concussion and shrapnel injuries that led to his receiving a Purple Heart when stationed in Afghanistan. The explosion that injured him also resulted in a tear to his tympanic membrane. He also had a separation Medical Exam on 05 April 2013 that cleared him for discharge and that resulted in a S1 profile. Despite his being WIA, his records did not provide sufficient evidence that the TBI mitigated his misconduct. He received treatment from January 2013 to discharge for his Opioid dependence. In a records review conducted at Arlington, VA on 27 September 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 combat service, board judgement and the in-service diagnosis of TBI 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 general under honorable conditions. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 18 September 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 April 2013 (2) Basis for Separation: The applicant was informed of the following reasons: He used cocaine between on or about 20 January 2013 and 24 January 2013; He used oxycodone and oxymorphone between on or about 22 January 2013 and 24 January 2013; and, He used oxycodone and oxymorphone between on or about 15 October 2011 and 17 October 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 29 April 2013 (5) Administrative Separation Board: The applicant was notified to appear before an administrative separation board and advised of his rights. On 29 April 2013, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. The separation authority disapproved the applicant's conditional waiver and directed the applicant to appear before an administrative separation board (undated). On 19 August 2013, the applicant unconditionally waived consideration of his case before an administrative separation board. On 5 September 2013, the separation authority approved the unconditional wavier and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 5 September 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 April 2011 / 4 years, 16 weeks b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 5 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (22 March 2012 - 3 December 2012) f. Awards and Decorations: ACM-CS, PH, ARCOM, NDSM, GWOTSM, ASR, OSR, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 27 October 2011, reflects the applicant tested positive for OXCOD 857 (oxycodone) and OXMOR 1653 (oxymorphone), during an Inspection Unit (IU) urinalysis testing, conducted on 17 October 2011. Electronic Copy of DD Form 2624, dated 5 February 2013, reflects the applicant tested positive for COC (cocaine)19358, OXCOD (oxycodone) 6435, >LOL, OXMOR (oxymorphone) 6923, >LOL during an Inspection Random (IR) urinalysis testing, conducted on 24 January 2013. CID Report of Investigation - Initial Final, dated 11 March 2013, reflects an investigation established probable cause to believe the applicant committed the offense of wrongful use of a controlled substance, when he submitted a urine sample which subsequently tested positive for oxycodone, oxymorphone and cocaine. The applicant was advised of his legal rights, which he waived and admitted he purchased and consumed oxycodone from an unknown female in South Hill Mall, Puyallup, WA, and admitted he snorted two lines of cocaine while on leave at Rumerz Sports Bar and Grill, Pittsburgh. FG Article 15, dated 28 March 2013, for wrongfully using cocaine (between 20 and 24 January 2013); for wrongfully using oxycodone and oxymorphone (between 22 and 24 January 2013); and, for wrongfully using oxycodone and oxymorphone (between 15 and 17 October 2011). The punishment consisted of a reduction to E-1; forfeiture of $758 pay per month for two months; and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 3 April 2013, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Opioid Dependence. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and DD Form 293. 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 honorable or general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 record 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 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 contends that medical issues contributed to his discharge from the Army. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant contends that he had good service, which included a combat tour. 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. The applicant is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge would allow medical treatment through the VA. 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 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 27 September 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 combat service, board judgement and the in-service diagnosis of TBI 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 general under honorable conditions. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20160013274 1