1. Applicant’s Name: a. Application Date: 28 July 2016 b. Date Received: 10 August 2016 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, he suffered from PTSD after returning from a deployment in Iraq. Within five months of returning from Iraq, he began having problems with alcohol in connection with extreme depression, insomnia, and anxiety. After serving honorably for over two years and receiving awards and commendations, he slipped into a dramatic decline that included misconduct involving alcohol and drugs. He believes that he should have received medical treatment, but instead he was repeatedly punished and even confined. He does not understand why his command did not recognize the dramatic changes in his behavior as being related to PTSD and his deployment. In August of 2009, the applicant acquiesced to a negative discharge to end the pain he was enduring from PTSD and months of continual punishment. He now suffers the prejudices associated with the negative discharge. He regrets the results of that decision, but he cannot be blamed for wanting the relief that medical treatment could have provided. Now, he is asking for the medical and educational benefits that many of his fellow Soldiers and veterans enjoy. Counsel requests the Board credit the applicant’s honorable service, and to not let the behaviors caused by injuries incurred during combat service wrongfully cloud his otherwise noble efforts on behalf of the United States. He asks for second chance at having a good and honorable life. The record reflects the applicant had a previous records review on 8 February 2013. Per the Board’s Medical Officer, based on the information available for review at the Time, the applicant did have in-service mitigating behavioral health condition for the offenses which led to his separation from the Army. The applicant had a history of chronic dysthymia (depressive neurosis) and alcohol abuse that preceded his deployment to Iraq and continued after his return. The applicant was separated for Misconduct (Drug Abuse) (narrative reason for separation) under AR 635-200, Chapter 14, paragraph 14-12c with an Under Other Than Honorable Conditions character of discharge (marijuana x 3 and cocaine x 1; failure to obey orders (officer x 1; NCO x 1)) with a pretrial agreement officer to plead guilty; prior UCMJ Article 15 and General Officer letter of reprimand for driving under the influence of alcohol. Service from 4 January 2007 through 24 September 2009 with time lost under 10 USC 972: 24 September 2009 through 19 September 2009 (confinement). Prior Army Discharge Review Board Case Report and Directive (AR20120020733) was reviewed. Report of Medical History (DD Form 2807-1), dated 27 September 2006, with all ‘no’ except glasses for distance and takes Tylenol PM to help fall asleep. Pre-enlistment marijuana use x 1 (2006). Report of Medical History (DD Form 2808), dated 27 September 2008, with pectus excavatum, dextroscoliosis, pes planus (moderate, asymptomatic), and tattoos. The applicant’s electronic medical records (AHLTA) between January 2007, and August 2009, were reviewed. First behavioral health intake was 30 August 2007 for evaluation of depression symptoms (time in service – 8 months; no deployments) with impression of dysthymic disorder (depressive neurosis), alcohol abuse, insomnia related to mental disorder (non-organic), nicotine dependence, psychosocial and environmental problems. Prescribed Wellbutrin for mood/substance abuse and trazodone for sleep. Seven additional behavioral health encounters documented before his first deployment. Psychiatry follow-up (pre-deployment) on 20 November 2007 with impression of dysthymic disorder (depressive neurosis) and partner relational problems; active participant in anger management group. Iraq, 28 November 2007 through 29 December 2008. Social work psychoeducational group on 29 April 2009 with mild PTSD suggested on screening questionnaire. Psychiatry intake on 10 June 2009 for medication evaluation for depressed mood. Recent Article 15 for DUI. Now ‘attending’ ASAP. Good health, no meds and desire to stop drinking – start trial of Wellbutrin to assist with mood and lower substance cravings. Impression: Dysthymic disorder (depressive neurosis). ADAPCP intake on 17 June 2009; no other appointments attended. Report of Medical Assessment was remarkable for medications (Wellbutrin and Ambien) otherwise negative. Report of Medical History (DD Form 2807-1) dated 24 June 2009 with meds x 2, all ‘no’ except surgery to correct vision’. Mental Status Evaluation dated 8 July 2009. Report of Medical Examination (DD Form 2808) dated 29 July 2009 with mild pectus excavatum, tattoos, no diagnoses and PULHES-111111. The applicant met medical retention standards for dysthymic disorder (depressive neurosis) IAW (in accordance with) Chapter 3, Army Regulation (AR) 40-501, and following the provisions set forth in AR 635-40 that were applicable to the applicant’s era of service. The applicant’s medical conditions were duly considered during medical separation processing. The applicant reported some symptoms but did not meet diagnostic criteria for PTSD. History of substance abuse (significant alcohol, nicotine, and at least one episode of marijuana) well preceded his deployment to Iraq. A review of the available documentation found no significant evidence of a medical disability or condition which would support a change to the character or reason for the discharge in this case. In a personal appearance hearing conducted at Warner Robins, GA on 17 November 2016, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant’s length and quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. partial mitigating PTSD and in-service OBH). Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general (under honorable conditions). 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 / Chapter 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 24 September 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 September 2009 (2) Basis for Separation: The applicant was informed of the following reasons: disobeyed a lawful command from a superior commissioned officer; disobeyed a lawful order from a superior noncommissioned officer; wrongfully used marijuana (between on or about 1 and 16 June 2009; 17 and 22 June 2009; and, 23 June and 23 July 2009); and, wrongfully used cocaine (between on or about 11 and 14 August 2009). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Waived, 15 September 2009 (5) Administrative Separation Board: On 15 September 2009, the applicant indicated in his election of rights, that he understood that he previously waived his right to appear before an administrative separation board via his pretrial agreement, dated 18 August 2009. (Note: The applicant’s notification memorandum of the intent to separate included an additional act of misconduct, cocaine use, between 11 and 14 August 2009, which was not included in his original pretrial plea agreement.) (6) Separation Decision Date / Characterization: 21 September 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 January 2007 / 4 years, 17 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13B10, Cannon Crewmember / 2 years, 7 months, 25 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (28 November 2007 to 29 December 2008) f. Awards and Decorations: ARCOM, MUC, NDSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand (GOMOR) for driving while intoxicated on 7 May 2009. FG Article 15, dated 21 May 2009, for driving while intoxicated (7 May 2009). The punishment consisted of a reduction to E-3; forfeiture of $500 pay; and, extra duty and restriction for 45 days. FG Article 15, dated 10 July 2009, for wrongfully using marijuana (between 2 May and 14 June 2009). The punishment consisted of a reduction to E-1; forfeiture of $699 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Summary Court-Martial, dated 26 August 2009, reflects the applicant pled guilty to the following charges: Charge I: Violation of Article 90, UCMJ, for disobeying a lawful command to perform extra duty (13 June 2009). Charge II: Violation of Article 91, UCMJ, for disobeying a lawful order (17 June 2009). Charge III: Violation of Article 112a, UCMJ: Specification 1: Wrongfully used cocaine (between 7 and 14 July 2009). Specification 2: Wrongfully used marijuana (24 June and 14 July 2009). Electronic Copy of DD Form 2624, dated 12 June 2009, reflects the applicant tested positive for THC (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 1 June 2009. Electronic Copy of DD Form 2624, dated 17 June 2009, reflects the applicant tested positive for THC, during an Inspection Random (IR) urinalysis testing, conducted on 17 June 2009. Electronic Copy of DD Form 2624, dated 1 July 2009, reflects the applicant tested positive for THC, during an Positive Cause (PO) urinalysis testing, conducted on 23 June 2009. Electronic Copy of DD Form 2624, dated 29 July 2009, reflects the applicant tested positive for THC and COC (cocaine), during an IR urinalysis testing, conducted on 14 July 2009. Two Personnel Action forms, dated 24 August 2009 and 19 September 2009, reflect the applicant’s duty status changed from “Present for Duty” to “Confinement,” effective 24 August 2009 and back to “Present for Duty,” effective 19 September 2009. i. Lost Time / Mode of Return: 26 days (Confinement, 24 August 2009 to 19 September 2009) / NA j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided an extract of his Active Duty medical records which reflect he received treatment for PTSD symptoms, on 2 January 2009. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 14-12c(2), Misconduct (Drug Abuse). 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, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable and a narrative reason change. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. 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 be retained on active duty. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special 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 that ultimately caused his discharge from the Army. The applicant contends the narrative reason for his discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends he does not understand why his command did not recognize that he was suffering from PTSD. The applicant did provided extracts of his active duty medical records to show that he received treatment for PTSD. 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 although he was suffering from PTSD, he knew the difference between what was right and wrong. The applicant has expressed his desire to have better job opportunities, veteran’s benefits and the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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 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 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 documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions b. Witness: Yes (Father) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Warner Robins, GA on 17 November 2016, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant’s length and quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. partial mitigating PTSD and in-service OBH). Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general (under honorable conditions). 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: General (Under Honorable Conditions) c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160013499 7