1. Applicant's Name: a. Application Date: 14 January 2017 b. Date Received: 27 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 and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, his inequitable discharge was based on one isolated incident in 37 months of service with no other adverse action. He was a good Soldier, who never got into any trouble. Others, who were repeated offenders, remained in service. He admits and realizes he made a bad decision and many were affected by it. He learned a valuable lesson from his mistake and continued to progress as a person and a Soldier until he was discharged. It is difficult to know that a Soldier can be given a second chance for getting a DUI while risking the lives of others, and Soldiers who continuously fail APFTs but are still given several chances, although no signs of improvement. He does not understand what makes others more special that they get a second chance to redeem themselves. He was treated unfairly-he asks for equality and a second chance to redeem himself by changing his reentry code and providing him the opportunity to reenlist and serve his country. An upgrade would allow him to receive all his benefits. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not raise BH as a defense of his misconduct. AHLTA showed diagnoses of Adjustment Disorder with Depressed Mood, Cannabis Abuse, Cannabis-Related Disorders, Phase of Life Problem, and Sleep Disturbances. He did have ASAP visits. He had a BH visit on 16 April 2013 when facing numerous family pressures. An effort to obtain a compassionate discharge to deal with family problems failed. He received a Cannabis-Related Disorder diagnosis on 12 December 2014 after a referral to ASAP after testing positive for cannabis. He tested positive again for cannaboid during treatment with ASAP according to an AHLTA note of 10 February 2015. He was again positive in March 2015. Nevertheless on 27 March 2015, he was judged to have successfully completed ASAP requirements. His final diagnosis that day was Cannabis Abuse. He finished his chapter physical on 16 April 2015. No psychiatric problems were noted. His Separation MSE on 23 April 2015 found him fit for duty, negative for PTSD and TBI, found no other psychiatric disorders, and cleared him for chapter discharge by command. No mitigating conditions were found. Since leaving the Army, he had obtained a 60% VA SC disability percentage. His psychiatric conditions on his VA Problem List include Unspecified PTSD (January 2018), Nicotine Dependence, and Unspecified Anxiety Disorder. In the note for PTSD, the cited event was the applicant's mother almost dying. The diagnosis was weakly supported at best. An earlier diagnosis of Unspecified PTSD on 02 January 2018 was unexplained. I do not find evidence that the applicant misconduct is mitigated. In a records review conducted at Arlington, VA on 4 May 2018, and by a 3-2 vote, the board, based on the applicant's length and quality of service and the circumstances surrounding the discharge (i.e. post-service diagnosis of behavioral health issues) determined the narrative reason for the applicant's separation is now inequitable. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the RE code to RE-3, and the separation code to JKN. The board determined the characterization of service was proper and equitable and voted not to change it. (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: 14 July 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 May 2015 (2) Basis for Separation: The applicant wrongfully used marijuana, a scheduled I controlled substance, between 5 November 2014 and 5 December 2014. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 June 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 June 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 January 2012 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 3 years, 5 months, 21 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: ARCOM; AAM; AGCM; NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An electronic copy of DD Form 2624, dated 11 December 2014, shows the applicant tested positive for marijuana during an Inspection, Random (IR) urinalysis testing conducted on 5 December 2014. Negative counseling statement for testing positive for THC; being referred to CID; and being command-referred into ASAP. FG Article 15, dated 3 February 2015, for wrongfully using marijuana between 5 November 2014 and 5 December 2014. The punishment consisted of a reduction to E-1, forfeiture of $773 pay per month for two months, and 45 days of extra duty. CID Report, dated 10 February 2015, indicates the applicant was the subject of an investigation for wrongful use of marijuana. (Note the report is with the applicant's initial enlistment contract in his record.) Report of Mental Status Evaluation, dated 23 April 2015, psychologically cleared the applicant for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 25 March 2015, indicates the applicant noted being treated for behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 14 January 2017; certificate of training, BCT; QM diploma; driver training course certificate; certificate of training, COMET; certificate of training, Combat Lifesaver Course; WLC diploma; AAM certificate; and ARCOM certificate. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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, paragraph 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 his general (under honorable conditions) discharge to honorable and to change the reentry code that corresponds with the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. 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, 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 that ultimately caused his discharge from the Army. 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 the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. In consideration of the applicant's service accomplishments and quality of his service prior to the incident of misconduct, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The applicant contends that other Soldiers whom were repeated offenders were allowed to stay in the Army. However, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant contends that he was treated unfairly; however, 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. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant requests to change the reentry code that corresponds with the narrative reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c(2) is "Misconduct (Drug Abuse)," and the separation code is JKK. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, regarding his request to change the reentry code that will provide him the opportunity to reenlist, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The applicant contends that an upgrade of his discharge would allow him to receive all his benefits. However, eligibility for veterans' 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. Although the applicant did not raise any behavioral health issues, a careful review of the available record indicates the applicant's behavioral health issues symptoms existed. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 4 May 2018, and by a 3-2 vote, the board, based on the applicant's length and quality of service and the circumstances surrounding the discharge (i.e. post-service diagnosis of behavioral health issues) determined the narrative reason for the applicant's separation is now inequitable. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the RE code to RE-3, and the separation code to JKN. The board determined the characterization of service was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change 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 AR20170001774 1