1. Applicant's Name: a. Application Date: 17 July 2016 b. Date Received: 22 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. The applicant seeks relief contending, in effect, that he would like an upgrade for the purpose of being able to receive VA benefits for school. He would like to give his new born baby a good future for school and that he believes this will be the only way to do so. Although the applicant was being treated by behavioral health at the time of his discharge, he contends it still was not enough to control everything that was going on around him. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA records showed a variety of Adjustment Diagnoses during his time in the Army. These difficulties with adjustment had to do with his marriage and his relations with coworker, including senior co-workers. Clinical symptoms included anxiety and depression. Although the applicant is now contending he did not receive appropriate mental treatment in the Army, the treatment was, on review, appropriate and also showed the applicant declined referrals for psychopharmacological assessments during his service. His mental health deteriorated after he left the Army. He is now rated 70 percent service-connected disabled by the VA. Although in retrospect one might view the applicant's marijuana usage and difficulty adjusting to the Army as prodromal symptoms of his yet to emerge psychosis, it would have been impossible for a competent clinician at the time of his discharge to have reached that conclusion. The patient has apparently been responding to an antidepressant and an antipsychotic medication. In a personal appearance hearing conducted at San Antonio, TX on 22 March 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, his compelling personal testimony, and post service accomplishments (i.e. raising a family and going to school in fire science), and as a result it is now inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of 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: 10 January 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 December 2015 (2) Basis for Separation: The applicant wrongfully using marijuana (between 19 July 2010 and 18 August 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 3 December 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 December 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 October 2013 / 3 years and 24 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Specialist / 2 years, 2 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 28 August 2015, reflects the applicant tested positive for THC 239 during an Inspection Unit (IU) urinalysis testing conducted on 18 August 2015. FG Article 15, dated 15 September 2015, for wrongfully using marijuana between (19 July 2015 and 18 August 2015). The punishment consisted of reduction to E-2, forfeiture of $867 pay for two months (suspended), and extra duty for 45 days. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 16 October 2015, reflects Axis I - III states "Medical personnel refer to AHLTA." It was noted that the applicant could understand and participate in administrative proceedings and could appreciated the difference between right and wrong. He was cleared by behavior health for administrative separation under AR 635-200, Chapter 14-12c(2). Report of Medical Assessment, dated 29 September 2015, reflects the health care provider noted that the applicant was receiving counseling with behavioral health for depression. 5. APPLICANT-PROVIDED EVIDENCE: 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." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. 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 contends at the time of discharge he was being treated by behavior health but this was still not enough to control everything that was going on around him. The applicant's contentions was noted; however, there is no evidence in the record indicating the applicant requested additional assistance prior to his act of misconduct. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive benefits for school. 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. 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 no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): Mai Hamad (W) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at San Antonio, TX on 22 March 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, his compelling personal testimony, and post service accomplishments (i.e. raising a family and going to school in fire science), and as a result it is now inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. 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 AR20160013300 1