1. Applicant's Name: a. Application Date: 23 August 2016 b. Date Received: 1 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, he was diagnosed with depression, stress, and other problems. He served his time and should be able to receive VA benefits. He made mistakes, but would like to possibly reenlist. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses are Acute Reaction to Stress, Adjustment Disorder with Depressed Mood, Alcohol Abuse, ADHD, Bipolar II Disorder, Chronic Major Depression, Cocaine Abuse, Dysthymic Disorder, Insomnia, Major Depression (single episode), and Nicotine Dependence, and Post concussion Syndrome. He does have a post-service VA diagnosis of PTSD. In a records review conducted at Arlington, VA on 15 November 2017, 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 combat service, an incapacity to serve, and in-service and post-service diagnoses of PTSD and OBH. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 8 September 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 22 July 2008 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; two time use of cocaine, seven counts of failure to report, breaking restriction, AWOL for 21 days, disrespect to a NCO, disobeying an order from an NCO, and disrespect to a commissioned officer. He also received a CG and two FG Articles 15, and a Summary Court-Martial. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 22 July 2008 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board, providing that the separation authority refers his court-martial case to a Summary Court-Martial. (6) Separation Decision Date / Characterization: 28 August 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 September 2005 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 years / GED Certificate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 21B10, Combat Engineer / 2 years, 9 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq / 1 November 2006 to 31 October 2007 f. Awards and Decorations: ARCOM, NDSM, ICM-CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 17 January 2008, for without authority, failed to be at his appointed place of duty (14 December 2007); and lied to 1SG A., a noncommissioned officer, who was then in the execution of his office, by telling him that you had gotten into an accident and that was the reason he was not in formation, then 1SG A., asked him questions about the form, which in turn lead him to tell the truth that he had overslept (4 December 2007); reduction to PV2 / E-2, forfeiture of $729 pay for one month (suspended), extra duty and restriction for 30 days. Positive urinalysis test coded IO (Inspection Other), dated 29 January 2008, for COC. On 30 January 2008, the suspension of punishment forfeiture of $729 pay for one month was vacated for the new offenses of failing to follow through with the conditions of your extra duty, being in an unauthorized location during his extra duty and failing to follow a direct order, in that he failed to relinquish his cell phone when ordered. CG Article 15 dated, 26 February 2008, for having been restricted by LTC J.H.R., a person authorized to do so, did break said restriction (8 February 2008); reduction to PVT / E-1, loss of $351 (7 days pay for one month), extra duty and restriction for 14 days. Positive urinalysis test coded PO (Probable Cause), dated 6 March 2008, for COC. FG Article dated, 21 April 2008, for wrongful use of cocaine x2 between (25 January 2008 and 29 January 2008) and between (2 March 2008 and 6 March 2008); without authority, absent himself from his unit (26 March 2008 until on or about 16 April, 2008); forfeiture of $674 pay for two months, extra duty and restriction for 45 days. Charge sheet, dated 9 July 2008, see paragraph 3c(2) above. Summary Court-Martial, dated 21 July 2008, the applicant was found guilty of the following offenses; without authority, fail to go at the time prescribed to his appointed place of duty x6 (30 April 2008, 13 May 2008, 14 May 2008, 15 May 2008, 9 June 2008 and 19 June 2008); having received a lawful order from SFC J.P., a superior noncommissioned officer to not enter is old barracks room in building 10021, an order which it was his duty to obey, did willfully disobey the same (19 June 2008); being disrespectful toward SFC J.P., a superior noncommissioned officer, who was then in the execution of his office, by cursing at him (2 June 2008); behave himself with disrespect toward CPT J.C.W., his superior commissioned officer, by saying to her "I'll beat your ass" or words to that effect (29 May 2008). He was sentenced to confinement for 30 days and forfeiture of $898 pay for one month. The applicant received several negative counseling statements for various acts of misconduct including a positive drug test. i. Lost Time / Mode of Return: AWOL for 20 days, 26 March 2008 to 15 April 2008, mode of return unknown; and confinement by military authorities (pre-trial) for 25 days, 2 July 2008 to 27 July 2008. Total lost time was 45 days. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); and a letter from the Director, Case Management Division. 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. 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 the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant's record of service and the issues 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 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 and diminished the quality of his service below that meriting a general (under honorable conditions) or 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 seeks relief contending, he was diagnosed with depression, stress, and other problems. However, the service record contains no evidence of a diagnosis of depression stress or any other problem and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends, he served his time and should be able to receive VA benefits. 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 also contends, he made mistakes, but would like to possibly reenlist. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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 15 November 2017, 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 combat service, an incapacity to serve, and in-service and post-service diagnoses of PTSD and OBH. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. 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 Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160015431 6