1. Applicant's Name: a. Application Date: 21 February 2017 b. Date Received: 23 February 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. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to receive his GI Bill benefits. He contends he was discharged for drug abuse after Iraq but asked for help prior to getting in trouble. He was not helped at all and was immediately discharged. It was proven he had PTSD among other service-connected mental disorders. He believes he should not have been stripped of his honorable discharge and lose of his GI Bill benefits. He was never given a chance at rehabilitation or any corrective measures to help his drug addiction nor his PTSD. He has found treatment on his own and changed his life around and now believes the United States and system he swore to protect turned its back on him after Iraq not protecting me. He believes because he put in his time and service ruining his life to protect a system that didn't protect him, he deserves that his records be found and reviewed as they weren't properly reviewed or taken into consideration in the beginning. He made it clear physically and mentally that he was going through something and needed help. He reached out to behavior health prior in distress, even informed his command yet nothing was done for me. He now ask to be helped this time. Evidence in the record shows the applicant had a prior records review on 23 February 2013. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a medical or behavioral health condition that was mitigating for the reasons leading to an early separation. SMs medical records indicated in-service diagnoses of an Adjustment Disorder, Depression, and Insomnia. Behavioral health records indicated SM reported issues with irritability, anxiety, insomnia, anger and depression since returning from his deployment. He denied experiencing traumatic events from deployment but felt ill-prepared to deploy. He reported a loss of appetite and weight loss during deployment. Following deployment he also had several physical fights with family members and a legal charge for an altercation with an officer. He was court-mandated to attend a weekly anger management class and attended ASAP for alcohol abuse. Post service medical records from the VA indicated diagnoses of PTSD and Substance Use Disorder. Treatment has consisted of individual and group therapy and medication management. He also has a 50% service connected diagnosis for PTSD. In a personal statement, Mr. X indicated several life stressors prior to military service to include childhood sexual abuse (molestation) and post service stressors to include incarceration, a suicide attempt, and diagnosis of HIV. In summary, because PTSD and Depression can be associated with use of alcohol and substances for self-medication, risk- taking behaviors, impulsivity and impaired judgment, there is a nexus between this applicant's misconduct (use of ecstasy) and his behavioral health symptoms. In a records review conducted at Arlington, VA on 12 February 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, post service accomplishments, the circumstances surrounding the discharge (i.e. severe family matters and post-service, VA diagnosis of PTSD with a 90% disability rating) 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, 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 / General (Under Honorable Conditions) b. Date of Discharge: 9 July 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 June 2008 (2) Basis for Separation: The applicant was informed of the following reasons: having received a Field Grade Article 15 on (11 June 2008) for wrongfully using ecstasy (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 June 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 May 2005 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25L10, Cable Splicing Installation and Maintenance Specialist / 3 year, 2 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (2 October 2006 to 30 September 2007) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DA Form 2624, dated 2 June 2008, reflects the applicant tested positive for MDA 1080 MDMA during an Inspection Random (IR) urinalysis testing conducted on 19 May 2008. CID Report which shows the applicant was the subject of investigation for wrongful use of hallucinogens and possession of substance in penalty groups one and two. Report of Mental Status Evaluation, dated 7 May 2008, shows the applicant had the mental capacity to understand and participate in the proceedings, was mentally responsible, and met the retention requirements of Chapter 3, AR 40-501 (did not have an unfitting diagnosis that would require medical evaluation board). The applicant was appropriated for any administrative action deemed appropriated by his command. Army Substance Abuse Program (ASAP) Enrollment, dated 3 June 2008, which shows the applicant was command referred. Reason for referral was a result of positive drug UA. FG, Article 15, dated 11 June 2008, for wrongful use of Ecstasy between (19 April 2008 and 19 May 2008). The punishment consisted of reduction the E-2, forfeiture of $755 per month for two months, 45 days extra duty and restriction. The applicant received several negative counseling statements for various acts of misconduct; performance; and monthly counseling's i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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 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. 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, he was discharged for drug abuse after Iraq but asked for help prior to getting in trouble. He was not helped at all and was immediately discharged. It was proven he had PTSD among other service-connected mental disorders. He believes he should not have been stripped of his honorable discharge and lose his GI Bill benefits. He was never given a chance at rehabilitation or any corrective measures to help his drug addiction nor his PTSD. He has found treatment on his own and changed his life around and now believes the United States and system he swore to protect turned its back on him after Iraq not protecting him. He believes because he put in his time and service, ruining his life to protect a system that didn't protect him, he deserves that his records be found and reviewed as they weren't properly reviewed or taken into consideration in the beginning. He made it clear physically and mentally that he was going through something and needed help. He reached out to behavior health prior in distress, even informed his command yet nothing was done for him. He now ask to be helped this time. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. Also there is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication. Moreover, the record shows that on 7 May 2008, the applicant underwent a mental status evaluation which indicates that he was mentally responsible, with though content as clear, and was able to recognize right from wrong. The evidence of record also shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 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 character of the applicant's discharge is commensurate with his overall service record The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive his GI Bill benefits. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None were listed on the data sheet. b. The applicant presented the following additional contention(s): None were listed on the data sheet. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 12 February 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, post service accomplishments, the circumstances surrounding the discharge (i.e. severe family matters and post-service, VA diagnosis of PTSD with a 90% disability rating) 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, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 11. 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: Change SPD to JKN / Change RE code to 3 f. Restore (Restoration of) Grade to: No Change 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 AR20170002803 5