1. Applicant's Name: a. Application Date: 18 January 2017 b. Date Received: 23 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to obtain veteran benefits to work on improving his quality of life especially to be a better father to his daughter. He contends that he did his best to serve the US Army during the time he was enlisted. His unit was deployed to Iraq for one year and he came back with a variety of mental disorders such as PTSD and Anxiety Disorder. When he returned to the US he did his best with coping with these conditions and associated himself with the wrong circle of friends who were dealing with similar conditions. Per the Board's Medical Officer, based on the information available for review at the time, the applicant is 50% SC by DVA for NEUROSIS, GEN ANX DIS. He also carries diagnoses of PTSD by the VA since 2016. The applicant has a well-documented history of substance abuse. He developed this problem following his deployment. Substance abuse has a nexus with PTSD and therefore, in compliance with Liberal Considerations upgrade is recommended. In a records review conducted at Arlington, VA on 27 April 2018, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). Therefore, 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, 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 (Serious Offense) / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 18 August 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 July 2004 (2) Basis for Separation: The applicant was informed of the following reasons: court- martial charges were preferred against him for tow violation of Article 112a, UCMJ (wrongful use of marijuana) and 9 June 2004; and The applicant submitted an Offer to Plead Guilty; he agreed to plead guilty to all charges and their specification to a summary court-martial on 23 June 2004 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 23 June 2004 (5) Administrative Separation Board: The applicant agreed to waive his right to an administration separation board and accepted an under other than honorable discharge, should separation action be initiated against him IAW AR 635-200, Chapter 14. The battalion commander requested withdrawal of the referral of charges to a Special (BCD) Court-Martial, and allow the applicant to accept the offer to plea and refer the case to Summary Court-Martial. The brigade and acting III Corps Artillery commanders supported the battalion commander's request. Alternatively, the battalion, brigade, and acting III Corps Artillery commanders recommend, trial by Summary Court-Martial. (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 August 2002 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 2 years, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (Dates-NIF) f. Awards and Decorations: NDSM, ASR, GWOTSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG, Article 15, dated 14 August 2003, for disobeying a noncommissioned officer (15 July 2003). The punishment consisted of reduction to E-1, forfeiture of $268, and 14 days extra duty and restriction. Electronic Copy of DD Form 2624, dated 17 March 2004, reflects the applicant tested positive for THC 45 (marijuana), during a Probable Cause (PO) urinalysis testing, conducted on 12 March 2004. Electronic Copy of DD Form 2624, dated 1 June 2004, reflects the applicant tested positive for THC 15 (marijuana), during an urinalysis testing, conducted on 25 May 2004. Charge Sheet with a charge of violating Article 112a, UCMJ, and two specification of wrongfully using marijuana between (15 March 2004 and 14 April 2004) and between 16 April 2005 and 25 May 2004), indicates the charges were preferred on 9 June 2004. Offer to Plead Guilty, dated 23 June 2004, rendered by the applicant indicates he was pleading guilty to all charges and specification, and if a separation action was initiated against him and an under other than honorable conditions discharge is recommended, he offered to waive his right to a board hearing and personal appearance before the board in exchange for the acceptance for his offer to plead guilty and for the convening authority to refer his court-martial case to a summary court-martial. The foregoing offer was accepted by the brigade commander. Report of Mental Status Evaluation, dated 27 April 2004, which shows the applicant was psychiatrically cleared for any administrative or judicial action deemed appropriated by the applicant's command. The report did not provide any diagnosis. Several negative counseling states for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, documents submitted by the applicant show he was enrolled in the Post-Traumatic Stress Disorder Outpatient Clinic (PCT) at the Department of Veterans Affairs Medical Center in Miami, FL. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; PTSD clinic admission letter/patient inquiry; Department of Veterans Affairs letter which admitted the applicant in the PTSD outpatient clinic in Miami, FL; and character letter from his parents. 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. 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 his under other than 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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. 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 that he did his best to serve the US Army during the time he was enlisted. His unit was deployed to Iraq for one year and he came back with a variety of mental disorders such as PTSD and Anxiety Disorder. When he returned to the US he did his best with coping with these conditions and associated himself with the wrong circle of friends who were dealing with similar conditions. The applicant's contentions were noted; however, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis. Additionally, the Report of Mental Status Evaluation, dated 27 April 2004, showed the applicant was psychiatrically cleared for any administrative or judicial action deemed appropriated by the applicant's command. The report did not provide any diagnosis. The post-service medical documents submitted by the applicant from the Department of Veterans Affairs was noted; however, they do not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to obtain veteran benefits to work on improving his quality of life especially to be a better father to his daughter. 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 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 27 April 2018, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). Therefore, 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, 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: Honorable 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 AR20170001566 1