1. Applicant's Name: a. Application Date: 15 September 2016 b. Date Received: 19 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. The applicant seeks relief contending, in effect, an upgrade would allow him to receive educational benefits. Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case files, AHLTA and JLV. AHLTA indicates applicant has the following BH diagnoses: Alcohol Disorders, Cannabis Dependence, Cocaine Abuse, Partner Relational Problem, Phase of Life Circumstance Problem. Applicant initially saw BH in Nov 2014 after being command referred for suicidal ideation. At the time, he was having significant marital problems and was psychiatrically hospitalized for 2 weeks. After hospitalization, he began attending the High Interest Group followed by the Anger Management Group. In Mar 2015, he presented to ASAP and was diagnosed with Cocaine Abuse and Cannabis Dependence. He reported using cocaine regularly since his wife left him. Reported he used cannabis daily between ages 13-17. Admitted he had been using it frequently since Oct 2014. In June 2015, he presented to BH requesting inpatient hospitalization for substance use issues. Felt he would not be able to achieve sobriety without higher level of care. Reported he had been using cocaine all weekend and had tried to overdose on it. Reported his wife had left him and taken their one-year-old son and his parents had disowned him and forbidden his siblings from talking to him because they did not approve of his lifestyle. At this time, he was hospitalized at Lincoln Trails for substance rehabilitation. In late June 2015, he was discharged from Lincoln Trails and was to be discharged as a Rehab Failure-Chapter 9. In Aug 2015, he was arrested on aggravated domestic violence charge. In his 18 Sep 2015 command directed, separation MSE, it was noted that he had been arrested 3 times over the past 1 1/2 months for aggravated assault, simple assault, vandalism x2 and adultery. It was also noted he had been AWOL from 28 June to 20 Aug 2015 and for two days in Sept 2015. Review of JLV reveals only DOD content. Based on the information currently available, applicant does not have a mitigating behavioral health condition for the offenses leading to his discharge from the Army. After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. Accordingly, in a Records Review conducted at Arlington, Virginia, on 1 December 2017, and by a 5-0 vote, the Board voted to change the characterization of service to honorable. 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 / General (Under Honorable Conditions) b. Date of Discharge: 19 February 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 December 2015 (2) Basis for Separation: The applicant was informed of the following reasons: Between 27 April 2015 and 27 May 2015, he used marijuana. Between 24 May 2015 and 27 May 2015, he used cocaine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 14 January 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 January 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 March 2015 / 2 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 2 years, 11 months, 10 days d. Prior Service / Characterizations: RA (10 October 2012 to 29 March 2015) / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM; NDSM; GWOTSM; KDSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 9 June 2015, shows the applicant tested positive for cocaine and THC during an Inspection, Unit (IU) urinalysis testing conducted on 27 May 2015. Background Check, print date of 9 June 2015, referenced self-referral, and letter on ASAP Discharge Summary and Closing Synopsis of Treatment for Chapter 9 Discharge, dated 3 August 2015, reflects that the applicant, on 11 March 2015, entered the ASAP office as a self- referral after his concerns about cocaine and marijuana use, and provided a summary of assessment, diagnosis, and discharge goals, including final assessment and recommendations. Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on several occasions; failing to obey an order or regulation; and being indebted to the government. Eight DA Forms 4187 (Personnel Actions), show the following changes in duty statuses: dated 8 July 2015, from Present for Duty (PDY) to Absent Without Leave (AWOL),effective 2 July 2015; dated 6 August 2015, from AWOL to Dropped from Roll (DFR), effective 31 July 2015; dated 3 August 2015, from DFR to AWOL, Confined by Civil Authorities (AWCCA), effective 3 August 2015; dated 20 August 2015, from DFR to PDY, effective 19 August 2015; dated 6 January 2016, from PDY to Civilian Confinement (CCA), effective 7 November 2015; dated 17 November 2015, from CCA to AWOL, effective 11 November 2015; dated 14 December 2015, from AWOL to DFR, effective 10 December 2015; and dated 6 January 2016, from DFR to CCA, effective 27 December 2015. Report of Mental Status Evaluation, dated 18 September 2015, provided no specific diagnosis, but commented, in pertinent part and in effect, the applicant had a pattern of not following rules and being AWOL twice in the past four months, and individual therapy was strongly recommended as he had varied stressors, and pending two assault and vandalism charges, and an adultery charge. FG Article 15, dated 19 October 2015, for failing to go to his appointed place of duty at the prescribed time on four separate occasions on 1 October 2015, and 11, 14, and 15 September 2015; being AWOL on 2 July 2015, and remained absent until he was apprehended on 19 August 2015; and wrongfully using cocaine between 24 May 2015 and 27 May 2015, and marijuana between 27 April 2015 and 27 May 2015. The punishment consisted of a reduction to E-1, forfeiture of $773 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. i. Lost Time / Mode of Return: 153 days (AWOL: from 2 July 2015 to 18 August 2015, for 48 days, and Civilian Confinement from 7 November 2015 to 19 February 2016, for 105 days) / applicant was released and returned to unit upon being released from civilian confinement on 19 August 2015, and the latter, the applicant was discharged while in civilian confinement j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 31 August 2015, indicates the applicant noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 15 September 2016. 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. 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 his general (under honorable conditions) discharge to honorable. After examining the applicant's military records, and the issues and documents submitted with the application, it appears the characterization of the applicant's discharge was improper. The record confirms that the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veterans' 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 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: After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. Accordingly, in a Records Review conducted at Arlington, Virginia, on 1 December 2017, and by a 5-0 vote, the Board voted to change the characterization of service to honorable. 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: Honorable 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 AR20160016150 1