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 general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, his discharge was unjust because his overall well-being (i.e. alcohol abuse, marital issues, depression, and PTSD) was not taken into account. The applicant believes that this information should have been used as evidence that he was not mentally stable. The applicant's emotional and mental disabilities worsened after his discharge as he was also having to deal with being a single father of five kids. Per the Board's Medical Officer, based on the information available for review at the time, there is insufficient evidence in the available records to mitigate his misconduct based on PTSD or another behavioral health disorder. However, during the hearing, it became clear that the applicant was rated 80 percent service-connected by the VA for PTSD and had a chronic PTSD diagnosis in the AHLTA record. The information gleaned from the hearing made the case for mitigation of his misconduct, despite the initial appearance of non-mitigation based on a review of available records. 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, to include his combat service, and his severe family matters (i.e. wife killed in car accident, leaving the applicant to raise five kids alone), 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. 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: 8 June 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 April 2006 (2) Basis for Separation: Misconduct-abuse of illegal drugs (cocaine). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 May 2006 (5) Administrative Separation Board: Conditionally waived, 3 May 2006, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 25 May 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 June 2005 / 3 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B10, Infantryman / 6 years, 7 months, 5 days d. Prior Service / Characterizations: RA, 4 November 1999 to 16 December 2002 / HD RA, 17 December 2002 to 6 June 2005 / HD e. Overseas Service / Combat Service: Germany, Balkans, SWA / Kosovo (28 November 2000 to 30 May 2001), Kuwait/Iraq (16 January 2004 to 17 March 2005 and 29 April 2003 to 23 September 2003) f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, ICM, GWOTEM, GWOTSM, KCM, CIB g. Performance Ratings: January 2005 thru June 2005, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 28 February 2006, for wrongful use of cocaine, a controlled substance (cocaine) (between 18 December 2005 and 18 January 2006). The punishment consisted of a reduction to E-4, forfeiture of $1,009 pay for two months, extra duty and restriction for 45 days, forfeiture and restriction (suspended). The applicant received two negative counseling statements for use of cocaine and being recommended for a FG Article 15. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: A chronological record of medical care, dated 9 March 2006, reflects the attending physician cited the applicant was having marital problems, work related occupational, and chronic Post Traumatic Stress Disorder (PTSD). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; patient progress report; and chronological record of medical care. 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. 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a NCO. 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 at the time of separation. 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 claims his discharge was unjust because his overall well-being (i.e. alcohol abuse, marital issues, depression, and PTSD) was not taken into account. The evidence of record (chronological record of medical care) shows his physician cited marital problems, work related occupational and chronic PTSD. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was treated unjustly and his chain of command did not take into consideration the mental issues he was experiencing. The service record contains no evidence of alcohol abuse or a diagnosis of depression and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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 applicant further contends that his emotional and mental disabilities worsened after his discharge, as he was also having to deal with being a single father of five kids. If the applicant believed that his mental issues were not adequately addressed, he could have self-referred to the community behavioral health services 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 the following additional document(s): College transcripts - 5 pages College degree - 2 pages, dated May 14, 2016 b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): 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, to include his combat service, and his severe family matters (i.e. wife killed in car accident, leaving the applicant to raise five kids alone), 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. 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 AR20160013408 1