1. Applicant's Name: a. Application Date: 4 January 2017 b. Date Received: 17 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was diagnosed with PTSD after his deployment to Iraq. He became isolated and angry. He began to drink alcohol excessively, soon he was dependent of both alcohol and drugs. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a 70% VA SC disability percentage in JLV. His VA Problem List includes psychiatric diagnoses of Uncomplicated Alcohol Dependence, Other Unspecified Anxiety Disorders, Unspecified PTSD, and Recurrent Major Depressive Disorder. During his AD service, he had psychiatric diagnoses in AHLTA of Cocaine Dependence (2006), Fatigue, Depression, Partner Relational Problem, Adjustment Disorder with Mixed Emotional Features, Combined Drug and Alcohol Abuse, chronic and Acute PTSD (August 2005). The applicant's misconduct is mitigated by his PTSD. In a records review conducted at Arlington, VA on 20 April 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and in-service diagnosis of 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 general under honorable conditions 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, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 8 February 2007 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 27 November 2006 and 22 January 2007 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was arrested by the Copperas Cove Police Department for possession of cocaine and drug paraphernalia (1 June 2006); and he was given a drug test in which he tested positive for cocaine (19 June 2006). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 27 November 2006 and 23 January 2007 (5) Administrative Separation Board: On 27 November 2006, the applicant requested consideration of his case by an administrative separation board. On 8 December 2006, the separation approving authority referred the applicant's case to an administrative separation board. On 21 December 2006, the applicant was notified to appear before an administrative separation board and advised of his rights. On 23 January 2007, the applicant consulted with legal counsel again and waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 24 January 2007 / Under Other Than Honorable Conditions / The separation authority determined that the applicant's medical condition was not the direct or substantial contributing cause of the misconduct that led to the recommendation for administrative elimination (Army Regulation 635-200, paragraph 1-33). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 January 2005 / 6 years b. Age at Enlistment / Education / GT Score: 35 years / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92A10, Automated Logistical Specialist / 13 years, 14 days d. Prior Service / Characterizations: RA, 26 July 1989 to 23 July 1993 / NA USARCG, 24 July 1993 to19 April 1995 / NA RA, 20 April 1995 to 1 July 1995 / UNC (Break In Service) RA, 22 March 2002 to 26 January 2005 / HD All the prior service dates and characterization of service were not contained in the available record. e. Overseas Service / Combat Service: SWA / Iraq, 8 March 2004 to 8 March 2005 f. Awards and Decorations: AAM-2, AGCM-2, NDSM-2, GWOTEM, GWOTSM, NOPDR, OSR, CAB g. Performance Ratings: January 2005 to August 2005, Among The Best h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded PO, the reason for the test is contained in the available record, dated 20 June 2005, for BZE. CG Article 15, dated 16 February 2006, for without authority, leave from his appointed place of duty (30 January 2006); and without authority, fail to go at the time prescribed to his appointed place of duty (1 February 2006); forfeiture of $583 pay, extra duty and restriction for 14 day. Positive urinalysis test coded PO (Probable Cause), dated 19 June 2006, for COC. FG Article 15, dated 3 August 2006, for wrongful use of cocaine between (19 May 2006 and 19 June 2006); and wrongfully possess less than one gram of Cocaine and drug paraphernalia (1 June 2006); reduction to SPC / E-4, forfeiture of $1000 pay for two months (suspended), and extra duty for 45 days. Report of Mental Status Evaluation, dated 6 September 2006, relates that the applicant was mentally responsible and had the mental capacity to participate in any administrative proceedings. He was cleared for any administrative actions from a behavioral health perspective deemed appropriate by command. FG Article 15, dated 27 January 2007, (12 December 2006); reduction to PVT / E-1), that part of the punishment extending to reduction below PFC / E-3 (suspended), and forfeiture of $637 pay for two months (suspended), extra duty and restriction for 45 days. i. Lost Time / Mode of Return: Confinement civilian authorities x3 for 12 days; 1 June 2006 to 10 June 2006 for 9 days, 16 October 2006 to 18 October 2006 for 2 days and 1 November 2006 to 2 November 2006 for 1 day. j. Diagnosed PTSD / TBI / Behavioral Health: VA entitlements letter, dated 19 May 2016, shows that the applicant was assigned an evaluation for 70 percent for PTSD, unspecified depressive disorder, also claimed as depression, effective 19 August 2015. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement; enclosure list; five support statements; promotion orders 357-24; and a VA entitlements letter (two pages). 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. 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 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. 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 14-12c(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 an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a NCO. 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 diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 requests a change to the narrative reason for separation. 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, misconduct (drug abuse). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he was diagnosed with PTSD after his deployment to Iraq. The applicant submitted a VA document that relates he was assigned an evaluation of 70 percent for PTSD, unspecified depressive disorder, also claimed as depression, effective 19 August 2015. The applicant further contends he became isolated, angry and began to drink alcohol excessively, soon he was dependent of both alcohol and drugs. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 20 April 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and in-service diagnosis of 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 general under honorable conditions 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: General Under Honorable Conditions 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 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 AR20170001215 1