1. Applicant's Name: a. Application Date: 12 December 2016 b. Date Received: 24 January 2017 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 desires to receive an education at the local technical college and an upgrade would be a good place to start to improve the quality of his life. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV were reviewed. AHLTA notes indicate applicant was initially seen by Behavioral Health while deployed. At that time, he was evaluated for his history of cutting behavior, stated he "liked scars". In Jan 2010, he was seen after he and a friend were making jokes about killing themselves and other people. IN Aug 2010, he was seen by ASAP and diagnosed with Cannabis Intoxication. In April 2011, he presented with a history of impulsive and assaultive behaviors, self-mutilation and uncontrollable rage. He reported he had stabbed himself in his arm while downrange to avoid stabbing the NCO he was arguing with. He was given no diagnosis on Axis I. His command directed MSE indicates that he screened negative for PTSD and TBI. VA notes indicate he is 40% service connected, 30% of which is for Dysthymic Disorder. VA has also diagnosed him with PTSD related to his combat experiences. Based on the available information, the applicant has a mitigating BH disorder-PTSD. PTSD can be associated with the use of illicit substances to self-medicate symptoms. As such, there is a nexus between the applicant's PTSD and his wrongful use of cocaine while on active duty. In a records review conducted at Arlington, VA on 11 May 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, to include 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, paragraph 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: 30 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 June 2011 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, for Commission of a Serious Offense. The applicant was informed of the following reasons: In that he wrongfully use cocaine between 22 February and 1 March 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 13 June 2011, the applicant waived his rights to consult with legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 14 June 2011, the separation authority approved the applicant's discharge under the provisions of AR 635-200, Chapter 14- 12c, for the Commission of a Serious Offense / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 July 2008 / 3 years 19 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 11 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (7 February 2009 - 22 January 2010) f. Awards and Decorations: NDSM / GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 30 March 2011, reflects the applicant tested positive for COC 926 (cocaine), during an Inspection Random (IR) urinalysis testing, conducted on 1 March 2011. Mental Status Evaluation, dated 4 April 2011, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant was mentally responsible with a clear thinking process. FG Article 15, dated 27 April 2011, for wrongfully using cocaine (between 22 February and 1 March 2011). The punishment consisted of a reduction to E-1; forfeiture of $733 pay per month for two months; extra duty for 45 days (suspended); and, restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application. 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 below that meriting an honorable discharge at the time of discharge. 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 an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 11 May 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, to include 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, paragraph 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, paragraph 14-12a e. Change SPD / RE Code to: JKN / RE-3 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 AR20170000890 1