1. Applicant's Name: a. Application Date: 16 July 2016 b. Date Received: 10 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and to change the narrative reason for her discharge. The applicant seeks relief contending, in pertinent part and in effect, there are several reasons why her discharge should be changed. The applicant detailed the circumstances and events leading up to her discharge. In April 2015, she was considered one of the most outstanding Soldiers in her unit. After receiving several awards and recognitions, she was moved to a new unit. She started to work in the brigade S-1. Subsequently, she started seeing behavioral health for issues including marital issues. She was granted leave in May 2015, to get herself together. In June 2015, she requested to be separated for employment, six months prior to her ETS date. Her request was denied. In August 2015, she failed a urinalysis test, which led to her current discharge. Since her discharge, she realized the impact of her mistake. She is unable to use her educational benefits to build a better life. Per the Board's Medical Officer, based on the information available for review at the time, Case file, AHLTA and JLV reviewed. AHLTA notes indicate applicant was diagnosed with Adjustment Disorder with Anxiety and Depressed mood. For this condition, she received medication and psychotherapy. She initially presented to AHLTA in July 2014 at which time she reported experiencing occupational stress due to a conflict with a NCO she felt was targeting her because she had complained about him. She was diagnosed with Adjustment Disorder. In July 2014, her PCL-M was 41/85. Family history is significant for mood disorders-mother had bipolar disorder, maternal grandmother had anxiety and depression. In Aug 2015, applicant self- referred to ASAP because she felt her urinalysis done two weeks earlier was going to come back positive for THC. Also reported at this time that she was drinking 3-4 beers qhs and drinking half a case of beer on the weekend. Diagnosed with Alcohol Dependence and referred to Intensive Outpatient Program by ASAP. In Sep 2015, she reported ongoing problems with depression, insomnia and anxiety. Reported these symptoms began at age 12 when her father died. They got worse after she went through the experience of Hurricane Katrina. In Sep 2015, she was started on antidepressants and sleep aides. VA records indicate applicant is 80% service connected by VA, 70% for Generalized Anxiety Disorder. Based on the available information, the applicant does not have a mitigating BH condition. In a records review conducted at Arlington, VA on 20 October 2017, and by a 5-0 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's length and quality of service, behavioral health issues and as a result it is inequitable. Accordingly, the Board voted to grant relief by changing 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. The board determined the characterization of service 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: 30 November 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 November 2015 (2) Basis for Separation: The applicant was informed of the following reasons: She wrongfully used marijuana on 12 August 2015. She was disrespectful towards and NCO. She failed to go to her appointed place of duty. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 November 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 November 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 June 2012 / 4 years, 21 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 3 years, 5 months, 12 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: AAM-4; AGCM-NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to be at her appointed place of duty at the prescribed time; being recommended for an imposition of a bar to reenlistment; being recommended for an involuntary separation; and having a positive urinalysis. CG Article 15, dated 24 August 2015, for failing to go to her appointed place of duty at the prescribed time on 10 July 2015, and being disrespectful in language towards an NCO on 10 July 2015. The punishment consisted of a reduction to E-3, forfeiture of $479 (suspended), and 14 days of extra duty and restriction (suspended). Electronic copy of the DD Form 2624, dated 27 August 2015, shows the applicant tested positive for marijuana during an Inspection, Unit (IU) urinalysis testing conducted on 12 August 2015. Report of Mental Status Evaluation, dated 13 October 2015, cleared the application for Chapter 14-12c administrative separation and associated proceedings according to AR 635- 200. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 1 October 2015, shows that the applicant and the examiner noted behavioral health issues and evaluations. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 16 July 2016; two Recommendations for Award, dated 13 August 2014 and 8 September 2013; and Permanent Order, dated 18 June 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 her general (under honorable conditions) discharge to honorable and to change the narrative reason for her discharge. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The record further confirms that the applicant's discharge was appropriate because the quality of her 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 her service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that her service mitigated the misconduct or poor duty performance, such that she should have been retained on Active Duty. The applicant contends she was considered one of the most outstanding Soldier in her unit and received several awards and recognitions. In consideration of the applicant's service accomplishments and quality of her service prior to the incidents of misconduct, the Board can find that her complete period of service and accomplishment were or were not sufficiently mitigating to warrant an upgrade of her characterization of service. However, by regulation, a under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct. It appears the applicant's generally good record of service was the basis for her receiving a general (under honorable conditions) instead of the normal UOTH discharge. The applicant's contentions regarding her behavioral health issues were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to her misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to her misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant contends that an upgrade of her discharge would allow educational benefits through the use of the GI Bill to build a better life. 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 applicant requests to change the reason for her separation; however, the narrative reason for her 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 JKK. 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 her 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 20 October 2017, and by a 5-0 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's length and quality of service, behavioral health issues and as a result it is inequitable. Accordingly, the Board voted to grant relief by changing 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. The board determined the characterization of service 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: No Change 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 AR20160013494 1