1. Applicant's Name: a. Application Date: 28 September 2015 b. Date Received: 5 December 2016 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 had multiple stressors at the same time. His wife left him, while he was deployed to Iraq and he did not receive an Army Substance Abuse Program (ASAP) start date while in the service. He did have a clinic appointment scheduled, but he was discharged before he was allowed to attend, which denied him the ability to cope with his self-medicating by using drugs. Per the Board's Medical Officer, 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 mitigating for the offenses which led to his separation from the Army. In summary, SMs PTSD symptoms can be associated with the misuse of drugs and/or alcohol; therefore, there is a nexus between this applicant's misconduct (drug use) and his behavioral health symptoms. In a records review conducted at Arlington, VA on 21 February 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, severe family matters, and in-service and post-service diagnoses of OBH and PTSD. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and change 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 3 October 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 September 2011 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used cocaine between on or about 10 June 2011 and on or about 13 June 2011, on 24 June 2011; Due to wrongful previous overindulgence in intoxicating liquor, he was incapacitated in the proper performance of his duties; and, He failed to report on 17 June 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 September 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 September 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 March 2007 / 6 years b. Age at Enlistment / Education / GT Score: 31 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13B10, Cannon Crewmember / 4 years, 7 months, 13 days d. Prior Service / Characterizations: RA, 1 March 2007-9 June 2011/HD e. Overseas Service / Combat Service: SWA / Iraq (3 December 2007 - 5 March 2009), (23 March 2010 - 7 March 2011) f. Awards and Decorations: ICM-3CS, ARCOM, AAM-2, AGCM, NDSM, GWOTSM, ASR, OSR-2 g. Performance Ratings: 1 March 2011 - 13 July 2011 / Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 13 July 2011, failing to go at the time prescribed to his appointed place of duty (17 June 2011); wrongful previous overindulgence in intoxicating liquor, incapacitated him for the proper performance of his duties (24 June 2011). The punishment consisted of a reduction to E-4; forfeiture of $1,115 pay; and, extra duty and restriction for 45 days. Electronic Copy of DD Form 2624, dated 15 July 2011, reflects the applicant tested positive for COC 405 (cocaine), during an Inspection Unit (IU) urinalysis testing, conducted on 13 June 2011. FG Article 15, dated 15 August 2011, for wrongfully using cocaine (between 10 and 13 June 2011). The punishment consisted of a reduction to E-1; forfeiture of $733 pay per month for two months; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 24 August 2011, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; ASAP documentation; and, a copy of Display Patient Appointments. 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. 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 applicant, as a NCO, 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. 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 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 he was having family issues that affected his behavior and contributed to his discharge. 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. The applicant contends he was discharged prior to being afforded the opportunity to attend ASAP. However, the evidence of record reflects the applicant was scheduled to attend ASAP prior to his discharge. Further, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. 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 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 21 February 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, severe family matters, and in-service and post-service diagnoses of OBH and PTSD. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and change 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: Change SPD to JKN / Change to RE code to 3 f. Restore 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 AR20170002847 5