1. Applicant's Name: a. Application Date: 4 November 2016 b. Date Received: 12 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade to his under other than honorable conditions discharge to general (under honorable conditions) / honorable and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, prior to his traumatic experience (the applicant does not explain what experience he is relating to), his service evaluations were good. Resulting from his traumatic experience, he was prescribed various medications for his behavioral health issues, which caused issues affecting his ability to function. Therefore, his discharge was due to many "psychotropic drugs" and the medication interactions affected the quality of his daily living and his service. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant did not have a medical or behavioral health condition. A review of military medical records indicated SM had diagnoses of an Adjustment Disorder, Alcohol Abuse, and Conduct Disorder. These condition however are not reason nor mitigating for the pattern of misconduct leading to the applicant's separation. In a records review conducted at Arlington, VA on 9 February 2018, and by a 4-1 vote, the Board determined that based on the applicant's length of service and behavioral health condition the narrative reason for the discharge is inequitable. Accordingly, the Board voted to grant relief by changing the separation authority to AR 635-200, Chapter 14-12c, the narrative reason for separation to Misconduct (Serious Offense), the separation code to JKQ, and the reentry code to RE-3. The board determined the characterization of service was proper and equitable and voted not to change it. (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: 22 September 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 July 2016 (2) Basis for Separation: The applicant was informed of the following reasons: Pursuant to AR 635-200, paragraph 14-12c(2), abuse of illegal drugs: Between 21 May 2016 and 23 May 2016, he wrongfully used MDMA, an illegal drug. Pursuant to AR 635-200, paragraph 14-12c, commission of a serious offense: On 27 March 2016, he unlawfully assaulted Mrs. X On 16 April 2016, he unlawfully assaulted Mr. X. On 28 May 2016, he unlawfully assaulted X. On 17 July 2016, he fled from apprehension. Pursuant to AR 635-200, paragraph 14-12b, pattern of misconduct: On 27 March 2016, he damaged two items of military property, each a sum of less than $500. On 27 March 2016, he was drunk and disorderly, and was discreditably involved with civil authorities. On 28 May 2016, he was drunk and disorderly, and was discreditably involved with civil authorities. On 17 July 2016, he broke restriction. On 17 July 2016, he was drunk and disorderly and was discreditably involved with civil authorities. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 21 July 2016 and 16 August 2016 (conditional waiver) (5) Administrative Separation Board: 29 August 2016, the board recommended Under Other Than Honorable Conditions discharge (6) Separation Decision Date / Characterization: 16 September 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 July 2014 / 3 years, 3 months, 35 weeks (The applicant extended his enlistment by three months on 8 September 2015.) b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / 1B10, Infantryman / 2 years, 2 months, 22 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for not being recommended for promotion; failing to be at his appointed place of duty at the prescribed time on numerous occasions; loss of military bearing; being disrespectful; failing to follow instructions on numerous occasions; violating restriction to post with modified orders; receiving a FG Article punishment; violating extra duty provisions; operating a vehicle with a revoked license; reasons for being under 24-hour supervision; being AWOL; violating barracks policy; and lying to an NCO. Two Reports of Mental Status Evaluation, dated 25 April 2016, and 10 August 2016, cleared the applicant to proceed through the chapter process, and the latter stated that he did not meet the criteria for an MEB, he was non-deployable, he should follow up with behavioral health for additional fitness for duty concerns, and that he had the capacity of knowing right from wrong, and that he may proceed in legal proceedings, respectively. Approximately four separate MP Reports (throughout his record) indicate he was the subject of an investigation for family abuse, damage to government property, and committing an assault; dated 28 May 2016, for assault consummated by battery, and being drunk and disorderly; dated 18 April 2016 for aggravated assault and being drunk and disorderly; dated 23 May 2016, for committing an assault consummated by a battery and damage to government property; and dated 13 July 2016, for wrongfully using MDMA. Electronic Copy of DD Form 2624, dated 14 June 2016, shows that the applicant tested positive for MDMA during an IR (Inspection, Random) urinalysis conducted on 23 May 2016.FG FG Article 15, dated 14 July 2016, two specifications violating Article 108, UCMJ, for damaging government property, each of a value less than $500 on 27 March 2016; wrongfully using MDMA between 21 May 2016 and 23 May 2016; and two specifications of violating Article 128, UCMJ, for assaulting Mrs. X. on 27 March 2016. The punishment consisted of a reduction to E-1, forfeiture of $783 pay per month for two months, and 45 days of extra duty and restriction. Report of Proceedings by Board of Officers with a summary of board proceedings shows the board that convened on 29 August 2016, reported its findings and recommendation. Memorandum, dated 9 September 2016, rendered by a judge advocate, Chief of Administrative Law, found no legal deficiency in the separation proceedings pertaining to the applicant, and concluded that any alleged errors in the summary court-martial proceedings raised by the applicant's counsel were not relevant in determining the legal sufficiency of the Administrative Separation Board. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence: voluminous health records show treatment for his behavioral health issues. Report of Medical History, dated 3 May 2016, shows the applicant noted behavioral health issues and treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 4 November 2016; TDS memorandum, dated 8 September 2016; memorandum, dated 28 July 2016 (Closure of Family Advocacy Program re: the applicant); statement rendered by behavioral health clinic; memorandum, dated 18 August 2016 (modification of liberties-the applicant); memorandum for record, dated 8 September 2016; memoranda re: administrative separation board notifications and appointment of board members; five certificates; marriage certificate; assignment of family quarters and rent payment; DD Form 214; and voluminous health records, dated September 2016 through April 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. 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 to upgrade 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 that ultimately caused his discharge from the Army. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant's contentions regarding his behavioral health issues which he asserts resulted from a traumatic experience, and subsequently the interactions of the medication he was prescribed affected the quality of his daily living and service, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues 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 9 February 2018, and by a 4-1 vote, the Board determined that based on the applicant's length of service and behavioral health condition the narrative reason for the discharge is inequitable. Accordingly, the Board voted to grant relief by changing the separation authority to AR 635-200, Chapter 14- 12c, the narrative reason for separation to Misconduct (Serious Offense), the separation code to JKQ, and the reentry code to RE-3. The board determined the characterization of service was proper and equitable and voted not to change it. 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 AR20170000727 6