1. Applicant's Name: a. Application Date: 28 July 2016 b. Date Received: 8 August 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. The applicant seeks relief contending, in effect, his actions were unacceptable and not in compliance with the army standards. He states, he is in no way making an excuse for his own personal actions. He took responsibility then and still does. His time in the military was great, he never argued with anyone about an order given, he was happy to work, but time went on things got rough for him. He was away from his family, his mother was sick, he was broke and he believed it was the end of the world. He slowly started to gain depression and anxiety feelings and he quickly noticed the change in his behavior and he enrolled himself into behavioral health, which he would continue for years. He states, his counselors believed the applicant needed to be placed on medication. The applicant states, for years he would cry out for help because nothing was helping him and the people he thought he could turn to for help, just merely laughed in his face and told him to toughen up and just bite the bullet. He could feel his brain deteriorating from the stress and medication. He joined the military when he was 17 and did so without his mother knowing because he knew she would not allow her only child to join, but he wanted to serve no matter the costs. He left everyone who cared about him believing the new Army family that he joined would help him when needed. He used to be a happy Soldier serving with honor until toxic leadership entered his life. He believes that more care from leaders would help Soldiers battling the same struggles as him. He states, everything that happened to him had an overall effect on his thoughts. He tried to take his life, but when headed to the store to get a beer to drink away his issues, a man offered him some weed. He had never smoked marijuana before that day, but he went home grabbed his shotgun and sat with it under his chin. He wanted to see what all the hype about marijuana was before he died. After about 10 minutes, his mind became clearer than before, and he began to think about the people in his life and who he would be hurting. He states, his life was saved by smoking marijuana and he came up with solutions to his problems and moved forward. He could not believe that marijuana did the job that his medications were supposed to do. The next day and he was called in for a random drug test and he knew he would fail, but he let his chain of command know his story and that he would soon be leaving. He states that some cared, but many did not. He states, life after the Army was a struggle at first, but he quickly started working as a maintenance technician by day and a college student by night. He kept all of his benefits and was diagnosed with severe depression and anxiety and receives 50 percent service-connected disability. He has been clean, happy and he has recently acquired his Class A license. He is a productive and a positive asset to society with no criminal record and is one that cares for others more than himself. He desires to provide the best life possible for his family, but the only thing that is holding him back is his discharge. Employers see the discharge type and automatically assume the worst. He believes he does not deserve to be labeled as a "drug abuser" with a general discharge. He states he displayed the seven Army values honorably. The love and loyalty he has for the country is real and he knows he made mistakes while enlisted, but he has definitely learned how to be a great Soldier in the civilian life. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. SMs electronic military records were reviewed and revealed a diagnoses of Depression, Alcohol Abuse, and an Adjustment Disorder. He started behavioral health treatment in 2013 due to depressive symptoms, issues with stuttering, and family stress. Medical note dated 19 May 2015 indicated SM was being discharged from the Army due to a Chapter 14-12 C for a positive UA on 21 January 2015 for cannabis. SM admitted to using on 9 January 2015 because he was seriously depressed and marijuana helped him to want to live. He denied regular use of marijuana and indicated that he smoked it alone while holding a shotgun to his chin. Stressors at the time included having suicidal thoughts, physical pain due to foot being run over by a car in 2012, financial strain due to paying $500 monthly in child support, and being upset about not being able to see son or be a part of his life. First seen by ASAP on 17 February 2015. ASAP provider indicated his participation in ASAP and rehab efforts were successful. VA medical record dated 1 July 2015 indicated SM has a 50% service-connected disability rating for MDD with Anxiety. In summary, although there is a lack of information in SMs separation packet, there is evidence in his military and VA medical records that indicate SM had a diagnosis of depression and received a Chapter 14-12C due to a positive UA. He did not have a history of behavioral health treatment for drug use or other disciplinary action and successfully completed ASAP prior to separation. In a records review conducted at Arlington, VA on 13 October 2017, and by a 3-2 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, post service accomplishments, prior period of honorable service and the circumstances surrounding the discharge (i.e. in-service OBH diagnosis and post-service diagnosis of MDD and anxiety with a 50% disability rating) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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 / General (Under Honorable Conditions) b. Date of Discharge: 19 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 October 2014 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91C10, Utilities Equipment Repairer / 4 years, 3 months, 26 days d. Prior Service / Characterizations: RA, 24 January 2011 - 30 October 2014 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA disability rating decision, dated 1 July 2015, which reflects the applicant was rated 50 percent disability for a major depressive disorder with anxious distress (claimed as depression and chronic anxiety). 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: He states, he is an upstanding citizen in his community; is attending college; and, he has obtained his Class A license. 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 available 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 his military career and marred the quality of his service. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c (2), by reason of Misconduct (Drug Abuse), with a characterization of service of General (Under Honorable Conditions). Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant's contentions about him not receiving help from his toxic leadership were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. Further, 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 applicant contends the VA has granted him a service connected disability for major depressive disorder with anxious distress. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends that he had good service. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 October 2017, and by a 3-2 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, post service accomplishments, prior period of honorable service and the circumstances surrounding the discharge (i.e. in-service OBH diagnosis and post- service diagnosis of MDD and anxiety with a 50% disability rating) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / Change to RE code to 3 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 AR20160013370 1