1. Applicant's Name: a. Application Date: 1 August 2016 b. Date Received: 5 August 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 inequitable because it was based on one isolated incident in five years and nine months of service with no other adverse action. 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 mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. A review of military medical records indicated that SM had a diagnosis of an Adjustment Disorder and completed ASAP treatment for a Cannabis Use Disorder. Medical record dated 21 June 2016 indicated SM reported using substances and alcohol after his return from OEF and that his use was an attempt to self-medicate negative mood symptoms associated with deployment and problems with sleep that started during deployment. Medical record dated 19 January 2016 indicated he was drinking about a gallon of liquor every few days to help with sleep. Although he was not diagnosed with Depression while in service, he was prescribed anti-depressant medications in June 2016 and reported problems with low mood, poor sleep, low motivation, irritability and a decreased appetite. He continued to receive counseling in behavioral health for depressive symptoms. Because Depression can be associated with use of alcohol and substances for self- medication, risk-taking behaviors, impaired judgment, and impulsivity, there is a nexus between this applicant's misconduct (use of marijuana) and his behavioral health symptoms. In a records review conducted at Arlington, VA on 13 October 2017, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, severe family matters, a prior period of honorable service the circumstances surrounding the discharge (i.e. alcohol abuse, in-service depression and VA, post-service diagnosis of OBH) 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: 30 June 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 23 November 2015 and on or about 22 December 2015, he wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 May 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 June 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 October 2015 / 2 years b. Age at Enlistment / Education / GT Score: 29 / Some College / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92F10, 2B Petroleum Supply Specialist / 6 years, 16 days d. Prior Service / Characterizations: RA, 15 June 2010 - 15 October 2015 / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (9 January 2012 - 1 January 2013) f. Awards and Decorations: ACM-CS, ARCOM, AAM-2, AGCM, NDSM, NCOPDR, ASR, OSR, NATOMDL g. Performance Ratings: 2 November 2014 - 20 October 2015 / Fully Capable 21 October 2015 - 13 February 2016 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 6 January 2016, reflects the applicant tested positive for THC 214>LOL (marijuana), during a Probable Cause (PO) urinalysis testing, conducted on 22 December 2015. General Officer Memorandum Of Reprimand, dated 27 January 2016, a Military Police Officer apprehended the applicant for operating a motor vehicle while under the influence of illegal drugs. The officer pulled him over for failing to maintain his lane. He noticed the applicant smelled of what he believed to be marijuana. The officer administered standardized field sobriety tests, which indicated that the applicant was impaired. His blood was drawn and tested positive for 11-nor-9-caboxy-delta-9-tetrahydrocannabinol. He was charged with driving under the influence of illegal drugs. FG Article 15, dated 13 February 2016, for wrongfully using marijuana (between 23 November and 22 December 2015). The punishment consisted of a reduction to E-4; forfeiture of $1,191 pay per month for two months (suspended); extra duty for 45 days; and, restriction for 45 days (suspended). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 6 January 2016, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Cannabis use, unspecified, uncomplicated (Axis I). 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 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 applicant, as a NCO, 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 his service. 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 have been retained on Active Duty. 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 applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 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 13 October 2017, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, severe family matters, a prior period of honorable service the circumstances surrounding the discharge (i.e. alcohol abuse, in-service depression and VA, post-service diagnosis of OBH) 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 AR20160013871 4