1. Applicant's Name: a. Application Date: 20 September 2016 b. Date Received: 21 September 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 and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would represent the importance of completing his enlistment. He had just returned from a 13-month tour in Iraq, and he did not know what PTSD was and how it would affect him. He acted out and regrettably committed actions that not only ruined his military career, but subsequently, his civilian life. Since his discharge, he received help and treatment from the VA for PTSD and substance abuse. Upon completing the treatment, he has since been clean and sober. He has two daughters, whom look up to him-he would like for them to be proud of his past accomplishments. He does not want to be ashamed in telling them that he served in the Army but was discharged due to a lapse in judgment. He was young and did not realize how his actions then would affect his future. He used the VA vocational rehabilitation, and completed his associate's and bachelor's degrees in Organizational Leadership from the University of Arizona. Being able to use the dedication he learned from the Army, and the skills he learned from higher education, enabled him to become the lead of the warehouse at a VA Hospital in Arizona. He supervises six employees and continues to help out his fellow veterans. He is beyond grateful for the benefits he is receiving but would love and feel more complete to show and say that he was honorably discharged. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses are Acute Stress Disorder, Alcohol Abuse, Alcohol Dependence, Cocaine Abuse, and Occupational Problem. The JLV showed VA service-connected disability of 40%. His VA Problem List Mental Health diagnosis is PTSD (chronic). The picture is consistent with mitigation of his misconduct. Liberal considerations favored a presumption of PTSD in this case. After carefully examining the applicant's record of service, the record shows the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. Accordingly, in a records review conducted at Arlington, VA on 18 October 2017, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, post-service accomplishments, limited use violation, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 3. (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: 12 September 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 September 2005 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14, paragraphs 14-12b and 14-12c, the applicant was informed of the following specific reasons: failing to report to his appointed place of duty at the prescribed time on divers occasions; wrongfully using cocaine on multiple occasions; being AWOL; and receiving a FG Article 15 for the aforementioned actions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 September 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 September 2005, under the provisions of AR 635-200, Chapter 14, paragraphs 14-12b and 14-12c / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 October 2002 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-4 / 71G10, Patient Administrative Specialist / 2 years, 11 months, 3 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / NIF (the applicant asserts having served 13 months in Iraq; however, there is no record of that service) f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, 20 July 2005, reflects the applicant tested positive for cocaine during an Inspection, Random (IR) urinalysis testing conducted on 12 July 2005. CID Report, dated 29 July 2005, reports the applicant was the subject of an investigation for wrongful use of cocaine. Five DA Forms 4187 (Personnel Actions), dated 10 August 2005, 12 August 2005, 17 August 2005, and 6 September 2005 x two, show the following changes to the applicant's duty statuses, respectively: PDY to Confinement by Civil Authorities, effective 9 August 2005; Confinement by Civil Authorities to AWOL, effective 12 August 2005; AWOL to PDY, effective 17 August 2005; PDY to AWOL, effective 2 September 2005; and AWOL to PDY, effect 6 September 2005. FG Article 15, dated 17 August 2005, for wrongfully using cocaine between 9 July 2005 and 12 July 2005. The punishment consisted of a reduction to E-1, forfeiture of $617 pay per month for two months, 45 days of extra duty and restriction. Negative counseling statements for being recommended for an involuntary separation from the Army; responsibility for reporting for duty on time; the consequences of failing to report; Article 15 hearing, chapter, and appeal process; failing to be at his appointed place of duty at the prescribed time on numerous occasions; substandard living conditions; failing a unit urinalysis; and being required to make an appointment with and attend ASAP. Report of Mental Status Evaluation, dated 25 August 2005, reports AXIS I diagnosis as "Cocaine Abuse." The applicant was cleared for any administrative active deemed appropriate by his command. Electronic copy of the DD Form 2624, 31 August 2005, reflects the applicant tested positive for cocaine during a Rehabilitation Testing (RO) urinalysis testing conducted on 25 August 2005. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 25 August 2005, shows the applicant noted behavioral health issues, and depression and PTSD diagnoses. The examiner's notes are illegible. VA Rating Decision letter, dated 13 February 2012, indicates the applicant was granted 30 percent evaluation for PTSD with polysubstance abuse. Applicant's Progress Notes reflect diagnoses of "Depression, unspecified" and "Posttraumatic stress disorder" throughout his medical record. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 20 September 2016; two character reference and supporting letters; discharge orders; pre-separation counseling checklist; and DA Form 2-1 (PQR) and ERB. Additional Evidence: applicant's self-authored statement; Outpatient Program Treatment, ASAP, Integrated Assessment and Summary, dated 26 July 2005; medical records, dating 15 July 2005 through 29 August 2005; VA Rating Decision letter, dated 13 February 2012; and medical progress notes, dated 2 November 2009, 20 and 27 October 2009, 10, 14, and 21 September 2009, 10 and 13 August 2009, 7, 13, 14, 15, and 27 July 2009, 16, 18, 25, and 29 June 2009, 30 September 2011, 22 and 29 September 2015, 5, 12, 15, 22, and 29 October 2015, 3, 5, and 19 November 2015, 10 December 2015, 14 and 27 January 2016, 11 February 2016, 1 and 20 June 2016, 18, and 25 July 2016, 8, 15, 22, and 29 August 2016, 13 September 2016, and 5 October 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge and upon completing his treatment with the VA for PTSD and substance abuse, he has been clean and sober. He used the VA vocational rehabilitation, and completed his associate's and bachelor's degrees in Organizational Leadership from the University of Arizona. The dedication he learned from the Army and the skills he learned from higher education, enabled him to become a lead of the warehouse at a VA Hospital in Arizona, where he supervises six employees and continues to help out his fellow veterans. 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. After carefully examining the applicant's record of service, the record shows the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. The record further 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's contentions regarding his behavioral health issues involving a diagnosis and treatment for PTSD, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant a change to the narrative reason for his discharge. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 18 October 2017, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, post-service accomplishments, limited use violation, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ Change 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 AR20160015533 2