1. Applicant's Name: a. Application Date: 23 January 2017 b. Date Received: 23 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions to honorable). The applicant seeks relief contending, in effect, he is requesting an honorable discharge due to his 70 percent service connected disability for mental health. He finds it extremely tough to obtain a job his mental state can handle, but with an honorable discharge it would open the door to so many opportunities. He enrolled in college only to be denied after a month of school after receiving a letter for 80 percent of the GI Bill. He had ongoing back pain since his deployment to OEF 10. Per the Board's Medical Officer, a voting member, based on the information available for review at the time to include the military electronic medical record, the applicant had a medical or behavioral health condition that was partially mitigating for the offenses which led to his separation from the Army. SMs electronic military medical records indicated diagnosis of an Alcohol Abuse and Dependence, Anxiety Disorder, ADHD, Generalized Anxiety Disorder, Opioid Use Disorder, Panic Disorder with Agoraphobia, and Partner Relational Problem. Mental Status Evaluation from 2 Feb 2016 indicated SM had a primary diagnosis of Generalized Anxiety Disorder. He screened negative for PTSD and was psychiatrically cleared. SM does has a 70% service-connected rating for anxiety from the VA. VA medical notes also indicated concerns related to alcohol abuse, cocaine dependence, an antisocial personality disorder. In summary, SMs diagnosis of anxiety can be considered mitigating for his misconduct. He also exhibited depressive and avoidance behaviors which was likely a contributing factor to attempting to dilute urine sample to avoid negative consequences. In a records review conducted at Arlington, VA on 11 July 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, the circumstances surrounding the discharge (i.e. in-service and post-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 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 23 June 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 9 March 2016 / General, (Under Honorable Conditions) (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully used oxycodone; and he was derelict in the performance of his duties by failing to provide a valid urine sample. (3) Recommended Characterization: Separated, but that the separation be suspended for a period of 8 months, (not to exceed 12 months) (4) Legal Consultation Date: 21 March 2016 (5) Administrative Separation Board: The applicant voluntarily waive consideration of his case by an administrative separation board, contingent upon him receiving an honorable characterization of service. On 12 April 2016, the applicant was notified to appear before an administrative separation board and advised of his rights. The Board proceedings are not contained in the available record and government regularity is presumed in the discharge process. (6) Separation Decision Date / Characterization: 16 May 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: The immediate reenlistment document is not contained in the available record. b. Age at Enlistment / Education / GT Score: 1 year of college c. Highest Grade Achieved / MOS / Total Service: E-4 / 91C10, Utilities Equipment Repairer / 7 years, 7 months, 27 days d. Prior Service / Characterizations: RA, 27 October 2008 to NIF / NA e. Overseas Service / Combat Service: Germany / Alaska / SWA / Afghanistan, 1 December 2009 to 4 November 2010 f. Awards and Decorations: AAM-3, AGCM-2, NDSM, ACM-CS, GWOTSM, NOPDR, ASR, OSR-3, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 2 February 2016, for being derelict in the performance of his duties, in that he willfully failed to provide a valid urine sample during a unit urinalysis as it was his duty to do (23 November 2015); and wrongfully use oxycodone x2 (20 November 2015 and between 7 November 2015 and 13 November 2015); and wrongfully use oxymorphone between 7 November 2015 and 13 November 2015; reduction to PV2 / E-2, forfeiture of $867 pay for two months (suspended), extra duty and restriction for 45 days and an oral reprimand. The applicant received numerous negative counseling statements for various acts of misconduct; and being flagged. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 2 February 2016, relates that the applicant had an Axis I diagnosis of a generalized anxiety disorder; opioid use, unspecified with unspecified opioid-induced disorder. He was screened for PTSD and mTBI, both screens were negative. He was cleared for administrative separation by Behavioral Health. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a DD Form 214. 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. 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 general (under honorable conditions 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 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 seeks relief contending, he requests an honorable discharge due to his 70 percent service connected disability for mental health. 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 is 70 percent disabled for mental health. The applicant further contends, he finds it extremely tough to obtain a job his mental state can handle, but with an honorable discharge would open the door to so many opportunities. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant also contends, he enrolled in college only to be denied after a month of school after receiving a letter for 80 percent of the GI Bill. 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 additionally contends, he had ongoing back pain since his deployment to OEF 10. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 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: n a records review conducted at Arlington, VA on 11 July 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, the circumstances surrounding the discharge (i.e. in-service and post-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 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 AR20170001536 1