1. Applicant's Name: a. Application Date: 6 December 2016 b. Date Received: 12 December 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, during the process of receiving help for his PTSD, he learned that his PTSD and substance abuse went hand in hand. He was diagnosed with PTSD and granted a 70 percent disability evaluation for his PTSD. He should not be punished for deploying to Iraq-he should have received an honorable or a medical discharge due to his condition. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a medical or behavioral health condition; however, it is not mitigating for the reasons leading to an early separation. SMs medical records indicated in-service diagnoses of an Adjustment Disorder, Depression, Insomnia, and Opioid Abuse. He was first seen by Behavioral Health in January 2009 (1 month post-deployment). He reported symptoms of depression, irritability, anxiety, nightmares, social withdrawal and abuse of pain pills for 2 years. He reported several stressful deployment to include firefights and having to transport a deceased soldier from the TMC to a morgue. February 2009 medical note indicated SM was inpatient hospitalized to detox from pain killers. He reported lots of unit stress and indicated that he planned to go to ASAP prior to PCSing to Ft. Lewis in April. Upon PCSing, SM had intermittent contact with Behavioral Health, to include therapy and use of medications; however, his case was closed in September 2009 due to a lack of consistent follow up by SM. Medical note dated 9 February 2010 indicated SM reported using heroin to help him sleep. February 2009 SM was Command referred to ASAP following positive UA and reported abusing pain killers due to back and wrist pain. PTSD symptoms were noted; however, he was not given a diagnosis. Post service, SM has a 70% disability rating for PTSD from the VA. In summary, SMs substance abuse can be associated with PTSD symptoms; however, given the seriousness of SMs distribution of drugs, resulting in a 3 week coma and irreversible anoxic brain damage of another SM, an upgrade is not supported. In a records review conducted at Arlington, VA on 9 February 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27 and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (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: 18 May 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 April 2010 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14, Paragraph 14-12c, Commission of a Serious Offense, the basis for the applicant's separation was due to testing positive for Heroin, Cocaine, and Morphine on 1 February 2010. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 1 April 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: By an undated memorandum / General (Under Honorable Conditions) (Note the separation authority approved separation pursuant to AR 635-200, paragraph 14-12c, commission of a serious offense) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 October 2008 / 4 years b. Age at Enlistment / Education / GT Score: 28 / GED / 94 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13B10, Cannon Crewmember / 3 years, 8 months, 6 days d. Prior Service / Characterizations: RA (13 September 2006 to 28 October 2008) / HD e. Overseas Service / Combat Service: SWA / Iraq (16 October 2007 to 5 December 2008) f. Awards and Decorations: ARCOM; NDSM; ICM-CS; GWOTSM; ASR; OSR; CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Laboratory Confirmed Biochemical Test Results, dated 26 February 2010, shows that the applicant tested positive for Heroin, Cocaine, Codeine, and Morphine during an IU (Inspection, Unit) urinalysis conducted on 1 February 2010. Laboratory Confirmed Biochemical Test Results, dated 17 March 2010, shows that the applicant tested positive for Cocaine and Morphine during a PO (Probable Cause) urinalysis conducted on 18 February 2010. FG Article 15, dated 1 April 2010, for wrongfully using Heroin, Cocaine, Codeine, and Morphine between 1 January 2010 and 1 February 2010. The punishment consisted of a reduction to E-1, forfeiture of $699 pay per month for two months (suspended), 45 days of restriction (suspended), and 45 days of extra duty. Report of Mental Status Evaluation, dated 9 February 2010, cleared the applicant for any administrative actions deemed appropriate by his command, and recommended that he follow up with Behavioral Health clinic due to mitigating circumstances. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 28 January 2010, indicates the applicant and the examiner noted behavioral health issues and treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 6 December 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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. 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 and to change the narrative reason for his discharge. The applicant's available record of service and the issues 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 that ultimately caused his discharge from the Army. The service record further reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14- 12c(2), block 26 separation code as "JKK," and block 28, narrative reason for separation as "Misconduct." Therefore and as approved by the separation authority, the following administrative corrections are recommended: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; and c. block 28, reason for separation to Misconduct (Serious Offense). 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 contends he was diagnosed with PTSD and granted a 70 percent disability evaluation for his PTSD. However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The available record is limited on information regarding any behavioral health issues. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., medical record/diagnoses of PTSD or behavioral health issues/diagnoses) for the Board's consideration because they are not available in the official record. 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 character of the applicant's discharge is commensurate with his overall service record. 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 9 February 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27 and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD/RE Code to: Change SPD to JKQ / Change to 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 AR20160019255 3