1. Applicant's Name: a. Application Date: 12 December 2016 b. Date Received: 15 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. The applicant seeks relief contending, in effect, the time frame for an upgrade from general (under honorable conditions) to honorable, has expired. He has not been awarded in service credentials for his deployment from 2002 to 2003. 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 contains no information regarding applicant. JLV indicates applicant has been diagnosed with Bipolar Disorder I and PTSD related to combat. Applicant reported he was deployed to Iraq in 2003-2004 as a tank gunner. States he was exposed to combat, small arms fire, dead bodies. JLV indicates he is 30% SC: 10%-tinnitus, 10%-scars, and 19% for ankle issues. Based on the available information, the applicant has a mitigating BH disorder for his misconduct marijuana use. As PTSD is associated with use of illicit substances for self-medication, there is a nexus between his PTSD and his use of marijuana. In a records review conducted at Arlington, VA 9 March 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and OBH) 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 / AR 635-200 / Chapter 14-12c (2) / JKK / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 January 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 December 2003 (2) Basis for Separation: The applicant was informed of the following reasons: Wrongful use of marijuana. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 17 December 2003 (5) Administrative Separation Board: On 17 December 2003, 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: 15 January 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 August 2002 / 3 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19K10, M1 Armor Crewman / 1 year, 5 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624, dated 1 October 2003, reflects the applicant tested positive for THC (marijuana), during an Inspection Other (IO) urinalysis testing, conducted on 24 September 2003. FG Article 15, dated 29 October 2003, for wrongfully using marijuana (between 7 and 24 September 2003). The punishment consisted of a reduction to E-1; forfeiture of $575 pay per month for two months; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 3 December 2003, 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. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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 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 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. Admin Note: The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (drug abuse). Soldiers processed for misconduct (drug abuse) will be assigned an SPD Code of JKK and an RE Code of 4 The applicant's issue about an upgrade based on the time that has elapsed since the discharge was carefully considered. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. The applicant contends he has not been awarded in service credentials for his deployment from 2002 to 2003. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Notwithstanding the administrative error, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA 9 March 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and OBH) 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 AR20170000614 1