1. Applicant's Name: a. Application Date: 5 July 2015 b. Date Received: 18 September 2015 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 returned from Afghanistan and began experiencing very disturbing psychological issues, which included severe symptoms of PTSD, anxiety and panic attacks, depression, and hallucinations. The applicant states that he sought medical help from Womack Army Hospital but was only offered prescription medication, which only worsened his symptoms or created more issues. No positive outcome came about from any of the treatment options provided by the Army. The applicant states that he tried marijuana to save himself from himself. Five years later, the applicant states he is now a married father of two and trying to get into a good school; however, he lost his Post-9/11 benefits. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had diagnoses of Adjustment Disorder in 2011 and 2012, Anxiety Disorder NOS, Cannabis Abuse and Dependence with extensive ASAP treatment. While in treatment in ASAP, the applicant's diagnosis changed after considerable treatment from Cannabis Abuse to Cannabis Dependence. Since the time of his discharge, the applicant has been diagnosed with PTSD and other mental-conditions and he has come to have a 60 percent service-connected disability rating from the VA. It was not indicated what the percentage is for PTSD. Other diagnoses issued by the VA since his discharge include Cannabis Dependence, Depression, Major Depression, Attention Deficit Disorder. If the patient's descriptions of his history and symptoms are accurate, his PTSD falls within the scope of the Liberal Guidance Policy for PTSD and qualifies to mitigate his misconduct. Given his history, it is apparent he continued and has continued cannabis use after he began treatment in ASAP and therefore, had assistance available. AHLTA reports the applicant was cleared for TBI 11 February 2011, even after a MVA in a POV." The examiner did conclude that the applicant did not meet criteria full criteria for PTSD at that time, and cleared him for administrative discharge. In a records review conducted at Arlington, VA on 29 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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 / General (Under Honorable Conditions) b. Date of Discharge: 16 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 September 2012 (2) Basis for Separation: The applicant wrongfully used marijuana (between 30 June and 30 July 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 14 September 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 September 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 October 2009 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12N1P, Horizontal Construction / 3 years, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: The record of evidence shows that NATO Orders were issued to the applicant for duty in Afghanistan. However, his DD Form 214 does not annotate any foreign service to substantiate the applicant's claim of service in Afghanistan. f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA documents, claims intake center; online application; DD Form 214; case separation file; Director, Case Management Division letter; and iPERMS administration-record review. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 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 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 Soldier. 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 diminished the quality of his service below that meriting an honorable discharge at the time of his 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 contends that once he returned from Afghanistan, he began experiencing extreme psychological issues. He sought medical help from Womack Army Hospital; however, was only offered prescription medication that only worsened his condition. The service record contains no evidence of PTSD or any other mental health diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. If the applicant believed he was experiencing mental health issues and was having difficulty coping with everyday life; he could have self-referred to the Community Behavioral Health Center for assistance. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he sought medical help from Womack Army Hospital no positive outcome was achieved from any Army provided treatment options. The applicant further contends he tried marijuana to save himself from himself. 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 applicant also contends, he is trying to get into a good school, but he lost his Post-9/11 benefits. 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 29 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. 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 AR20170001431 1