1. Applicant's Name: a. Application Date: 10 November 2016 b. Date Received: 14 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, she has been drug-free since 2009. She returned to school and obtained her nursing degree, and she is employed. At the time of her discharge, she was going through a very difficult period in her life. Both her parents are retired military. 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 notes indicate applicant had the following BH Diagnoses: Acute Reaction to Stress, Adjustment Disorder with anxiety and depression, Adult Physical Abuse by partner, Depression, Major Depressive Disorder, Alcohol Dependence, Depression with Anxiety. AHLTA notes indicate applicant was victim of physical abuse inflicted upon her by her husband on several different occasions. She developed chronic back pain as a result of one episode of abuse. While on active duty, she experienced insomnia and ruminative thoughts after returning from deployment. She also developed significant depression with an associated 30lb weight loss, loss of energy, suicidal ideation, loss of motivation, poor sleep and feelings of failure. During her contentious marriage, she began drinking more. She was referred to ASAP for her positive marijuana result but ended up getting treated for Alcohol Dependence instead. Her husband used this against her during their divorce related custody hearing and obtained custody of their children. Applicant was supposed to get custody back once she completed ASAP treatment but husband would not return the children. This caused her to become further depressed. At one point, she was hospitalized for depression. JLV indicates applicant is 70% SC for PTSD. While in Iraq, she pulled guard duty and ended up having to shoot at several vehicles. Several Iraqis were killed. Applicant is not sure if her shots killed them or shots from other soldiers but she is plagued with guilt about this event. Based on the available information, the applicant has two mitigating behavioral health conditions: As PTSD is associated with use of illicit substances to self-medicate symptoms, there is a nexus between her PTSD and her wrongful use of marijuana. As Major Depressive Disorder and PTSD are both associated with decreased motivation and decreased concentration with impaired memory, there is a nexus between these two disorders and the offense of failing to provide spouse with financial support. Both of applicant's offenses are mitigated by her PTSD and MDD. In a records review conducted at Arlington, VA on 19 January 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service the circumstances surrounding the discharge (i.e. severe family matters and in-service diagnosis of PTSD) 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), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 June 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 April 2009 (2) Basis for Separation: The applicant was informed of the following reasons: On 11 February 2009, the applicant tested positive for using marijuana. Between 29 September 2008 and 24 November 2008, she violated a lawful general regulation, to wit: AR 608-99, by wrongfully failing to provide the required financial support to her spouse. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 April 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 May 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 June 2006 / 6 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25L10, Cable Systems Installer/Maintainer / 5 years, 1 month, 17 days d. Prior Service / Characterizations: RA (26 April 2004 to 9 June 2006) / HD e. Overseas Service / Combat Service: SWA / Iraq (21 September 2005 to 24 July 2006) f. Awards and Decorations: ARCOM; AAM; AGCM; NDSM; ICM-CS; GWOTSM; ASR; MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 10 December 2008, for violating a lawful general regulation between 29 September 2008 and 24 November 2008, by wrongfully failing to provide the required financial support to her spouse. The punishment consisted of a reduction to E-3 (suspended) and 14 days of extra duty (seven days of which was suspended). Negative counseling statements for violating Article 112a, UCMJ; having a positive urinalysis for marijuana; failing to provide support for her spouse/child; failing to comply with her marital separation agreement; Record of Supplementary Action Under Article 15, UCMJ, dated 25 February 2009, vacated the punishments of a reduction to E-3 and seven days of extra duty imposed on 10 December 2009, because the applicant wrongfully used marijuana between 11 January 2009 and 11 February 2009. FG Article 15, dated 9 March 2009, for wrongfully using marijuana between 11 January 2009 and 11 February 2009. The punishment consisted of a reduction to E-2, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 1 April 2009, indicates behavioral health issues, such as it was the examiner's opinion that based on the applicant's adherence to treatment resulted in significant improvement in her symptoms of depression, and resolution of suicidal ideation, that her remission of symptoms was like due to pending administrative separation, and that she was unlikely to make a full recovery if retained. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 10 November 2016; resume; and certificate of completing a course. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that she has been drug- free since her discharge; she has returned to school and obtained her nursing degree; and she is employed. 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 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. 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 her under other than honorable conditions discharge to honorable. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her 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. By the incident of misconduct, the applicant knowingly risked a military career and diminished the quality of her service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that she should have been retained on Active Duty. In consideration of the applicant's post-service accomplishments, the Board can find that her accomplishments were or were not sufficiently mitigating to warrant an upgrade of her characterization of service. Although the applicant did not directly raise any behavioral health issues, a careful review of the available record indicates the applicant's behavioral health issues existed. If the Board determines the applicant's behavioral health issues were significant contributing factors to her misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 19 January 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service the circumstances surrounding the discharge (i.e. severe family matters and in-service diagnosis of PTSD) 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), and the separation code to JKN. 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 / No change to RE code 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 AR20160017922 6