1. Applicant's Name: a. Application Date: 6 October 2016 b. Date Received: 14 October 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, he had deployed four times, a total of 48 months out of his ten years of active duty service. He deployed twice to Iraq and Afghanistan, where he participated in countless missions "outside the wire." During those missions he witnessed numerous improvised Explosive Devices. He states, on his last tour from December 2012 to August 2013, he had the honor to serve with five brave Soldiers, who paid the ultimate sacrifice. After the loss of these Soldiers, he was feeling awful. He tried to block his thoughts and accepting the fact that they were dead. He started to think that they were just taken or assigned on a special mission and that he would not ever see or talk with them ever again. On 22 August 2013, he returned from Afghanistan. At this point, he started to experience changes as a Soldier. He states, they should have rested right after they returned but, they did not receive any free time until a month later. In December 2013, he signed out on leave in route to Fort Benning, Georgia as ordered. On 16 December 2013, he was driving through Kansas when LT P from the Kansas State Police Department, arrested him and charged him with four counts of misdemeanors. None of his superiors came to get him out of jail and he had to get himself out of jail and reported to Fort Benning on January 2014. He states, on 25 September 2014, the day before his birthday, he received his first and only field grade Article 15 for misconduct. As a NCO, he should have known better and he made a bad decision. He was wrong but, he faced the problem and received his punishment that was well deserved. He believes his discharge was inequitable because he only received one punishment in his ten years of service. He states, after his discharge, he went into depression and he began self-medicating with alcohol and drugs. On 1 January 2016, he almost overdosed and was hospitalized for ten days at Martin Army Community. He then realized that he had a disorder. On 1 February 2016, he attended a substance abuse program. On 1 March 2016, he was then awarded a 100 percent total and permanent service connected disability for PTSD. He desires to obtain his 100 percent disabled veteran identification card and privilege from the Armed Forces to enjoy the numerous benefits from military installations. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a partially mitigating medical or behavioral health condition for the offenses leading to his separation. In summary, SM has a diagnosis of PTSD which can be associated with the use of alcohol and substances for self-medication purposes; however, this condition does not mitigate the criminal use of a weapon/unlawful possession of a firearm. In a records review conducted at Arlington, VA on 3 January 2018, 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, a post-service PTSD diagnosis, and a prior period of honorable service. Therefore, 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), the separation code to JKN, and the reentry code to RE-3. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 6 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 September 2014 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used cocaine, marijuana, and spice. He wrongfully possessed spice and a firearm. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 25 September 2014 (5) Administrative Separation Board: On 25 September 2014, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 20 October 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 February 2013 / 6 years b. Age at Enlistment / Education / GT Score: 31 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-5 / 88M20 2B, Motor Transport Operator / 10 years, 5 months, 10 days d. Prior Service / Characterizations: RA, 27 May 2004 - 12 October 2007 / HD RA, 13 October 2007 - 6 February 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (14 June 2010 - 17 June 2011; 26 November 2012 - 22 August 2013); Iraq (5 December 2004 - 17 November 2005; 17 June 2007 - 29 August 2008) f. Awards and Decorations: ACM-2CS, ARCOM-4, AAM-2, MUC, AGCM-3, NDSM, GWOTEM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR-4, NATOMDL-2, CAB g. Performance Ratings: 1 April 2012 - 31 March 2013 / Fully Capable 1 April 2013 - 13 December 2013 / Fully Capable 16 December 2013 - 17 October 2014 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Kansas Standard Arrest Report, dated 16 December 2013, reflects the applicant was apprehended for Possession of a hallucinogenic drug; Driving under the influence; possession of drug paraphernalia, and, criminal use of a weapon. Military Police Report, dated 16 December 2013, reflects the applicant was apprehended for Civil Arrest - Possession of hallucinogens (Off Post); Civil Arrest - Driving under the influence of Alcohol or Drugs (Off Post); Civil Arrest - Use / Possess with intent use drugs paraphernalia into human body (Off Post); Civil Arrest - Unlawful Possession of firearm by person addict / use control (Off Post). FG Article 15, dated 25 September 2014, for wrongfully using spice (16 December 2013); wrongfully using cocaine (between 9 and 16 December 2013); and, wrongfully using marijuana (16 November and 16 December 2013). The punishment consisted of a reduction to E-4; forfeiture of $1,213 pay per month for two months (suspended); and, extra duty and restriction for 45 days (suspended on appeal). General Officer Memorandum of Reprimand (GOMOR), dated 7 October 2014, for being apprehended on 16 December 2013, by a Kansas State Patrolman for operating a motor vehicle while under the influence of alcohol or drugs. The officer stopped him for failing to maintain his lane. He noticed he had bloodshot eyes and he had trouble breathing. The applicant admitted to using K-2, a synthetic drug, before driving. He provided a urine sample which tested positive for cannabinoids and cocaine metabolites. He was arrested for driving under the influence of alcohol or drugs. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 19 August 2014, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Alcohol Abuse, Hallucinogen Abuse and Cocaine Abuse (Axis I). The applicant provided a copy of his VA disability rating decision, dated 7 March 2016, which reflects the applicant was rated 100 percent disability for Traumatic Brain Injury (TBI), alcohol use disorder and cocaine use disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA disability letter; DD Form 214; Certificate of Treatment; and, a self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: Completed an Intensive Outpatient Substance Abuse Treatment. 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. 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. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant, as a NCO, 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 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 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 that he had good service which included four combat tours. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends that he has been rated 100 percent service connected disability for PTSD. The applicant's service record contains documentation that supports a diagnosis of in service Alcohol Abuse, Hallucinogen Abuse and Cocaine Abuse; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 19 August 2014; the applicant underwent a mental status evaluation, which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears, the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The applicant desires to obtain his 100 percent disabled veteran identification card and privilege from the Armed Forces to enjoy the numerous benefits from military installations. However, eligibility for veteran's 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 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 3 January 2018, 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, a post-service PTSD diagnosis, and a prior period of honorable service. Therefore, 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), the separation code to JKN, and the reentry code to RE-3. 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: JKN / RE-3 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 AR20160019817 1