1. Applicant's Name: a. Application Date: 7 July 2016 b. Date Received: 24 October 2016 c. Representative: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, while deployed to Afghanistan, his best friend was killed within three feet of him, along with three other Soldiers. In a separate event, he was blown across a road by an IED and was unconscious for a while. He was diagnosed with PTSD and TBI prior to his discharge. He had coped with his PTSD and TBI by self-mediation and subsequently, he tested positive during a urinalysis. When he received counseling for PTSD at VA, he saw drastic improvement; however, once the hospital tried to gauge his TBI with an MRI and learned of his OTH discharge, he was dismissed. He started self-medicating and tried to kill himself, instead the handgun shot left him blinded-he requires long term care for the rest of his life while suffering from brain injury and PTSD. VA has diagnosed him with a service-connected PTSD and TBI but he is not entitled to compensation due to his current discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant shows no VA SC percentage in the JLV. His JLV problem list diagnoses show Generalized Anxiety Disorder, Adjustment Disorder Unspecified, Suicide Attempt, Major Depressive Disorder in Full Remission, and PTSD. Although there is no doubt that he was a troubled man who now had multiple problems, it does not appear that his symptoms or diagnoses at the time of his offense mitigate his misconduct. In a records review conducted at Arlington, VA on 17 January 2018, and by a 4-1 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. 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: 21 November 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 July 2012 (2) Basis for Separation: The applicant was informed of the following reasons: between 18 February 2012 and 21 February 2012, he wrongfully used methamphetamine; between 23 March 2012 and 27 March 2012, he wrongfully used cocaine; and between 31 March 2012 and 4 April 2012, he wrongfully used cocaine. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 31 July 2012, 25 September 2012, and 3 October 2012 (5) Administrative Separation Board: Waived pursuant to a Pretrial Agreement, dated 18 July 2012, for voluntarily agreeing to plead guilty in a Summary Court-Martial, and accept an other than honorable conditions discharge. (6) Separation Decision Date / Characterization: 4 October 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 August 2009 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 3 years, 1 month, 17 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (7 November 2010 to 4 November 2011) f. Awards and Decorations: ARCOM; AAM; NDSM; ICM-CA; GWOTSM; NCOPDR; ASR; OSR; CAB; MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 2 March 2012, shows the applicant tested positive for methamphetamine and amphetamine during an Inspection, Random (IR) urinalysis testing conducted on 21 February 2012. Electronic copy of the DD Form 2624, dated 12 April 2012, shows the applicant tested positive for cocaine during an Inspection, Random (IR) urinalysis testing conducted on 27 March 2012. DD Form 2624, dated 18 April 2012, shows the applicant tested positive for cocaine during an Inspection, Random (IR) urinalysis testing conducted on 4 April 2012. Negative counseling statements for testing positive for cocaine; testing positive for methamphetamine and amphetamine; Record of Trial by Summary Court-Martial indicates the applicant was found guilty of violating Article 112a, UCMJ, for two specifications for wrongfully using cocaine between 23 March 2012 and 27 March 2012, and wrongfully using methamphetamine between 18 February 2012 and 21 February 2012. The sentence consisted of a reduction to E-1 and confinement for 30 days was adjudged on 2 August 2012. Two DA Forms 4187 (Personnel Actions), dated 16 October 2012 and 13 November 2012, show that the applicant's duty status changed from PDY to Confinement by Civilian Authorities (CCA), effective 16 October 2012, and from CCA to PDY, effective 13 November 2012, respectively. i. Lost Time / Mode of Return: 48 days (AWOL: 4 September 2012 to 23 September 2012, for 20 days), (Civil Confinement: 16 October 2012 to 12 November 2012, for 28 days) j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating Decision letter, dated 30 September 2016, shows the applicant was granted service-connection for PTSD and TBI. 5. APPLICANT-PROVIDED EVIDENCE: DD form 293 (Application for the Review of Discharge), dated 7 July 2016, with representative-authored statement; DD Form 214; Examination for Housebound Status or Permanent Need for Regular Aid and Attendance; 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): 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 under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. 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, 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 marred the quality of his 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 he should have been retained on Active Duty. The applicant's contentions regarding his behavioral health issues resulting from his PTSD and TBI were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates his 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 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 17 January 2018, and by a 4-1 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. 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 AR20160018079 5