1. Applicant's Name: a. Application Date: 12 February 2017 b. Date Received: 21 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, he knows what he did was wrong and he has always accepted full responsibility for his actions. What he did has been a wakeup call for him and he has learned that abusing medication was not the proper way to cope with his problems. He states, medication only masked his problems, which still exist. He was too proud to admit that he needed help overcoming depression and anxiety and he never wanted to be part of the stigma of being that guy that has to seek mental help. From his experience, he saw Soldiers abusing the privilege of using behavioral health resources when they did not need them and he did not want to be associated with that. He writes to let the Board know who the person is that only appears to them through forms and documents. Since being separated from the Army, he is enrolled at the University of Connecticut where he is working towards earning his bachelor's degree in history. After his first semester, he was accepted in Tau Sigma National Honor Society for achieving academic excellence. After college, he intends to enter a doctoral program and become an instructor at a college or university. Studying history has given him a purpose and has motivated him to maintain the proper direction in his life. Additionally, he works full time at an aerospace parts manufacturer. He is closer to his friends, family and girlfriend, which has been a great support network for him; and, he will always be there for them. He states, he has always been proud of his military service and he is grateful for the experience in the Army and what it taught him. He has met people that will be his friends for the rest of his life, especially the guys that he deployed with who are like no others and they have become his brothers. He states, he would like to get his counseling certification when he has the time and do volunteer counseling work for troubled veterans. He believes that it would mean more to them to hear from a fellow veteran who has also been through hard times, but nonetheless turned their life around. Civilians never truly understand what veterans have gone through, especially those who have seen combat. For this reason, there are things that he believes he could never talk about with his non-military friends and family. He carries on leaving the past in its respective place. He has learned many things in the past four years and he has learned that he has to start giving his life the respect that it deserves. His goal is to be the best possible person that he can be for the remainder of his life. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had AHLTA diagnoses of Anxiety Disorder NOS and Opioid Abuse. JLV showed no VA SC disability percentage. He did receive ASAP treatment in the Army. He was referred to ASAP owing to a positive urinalysis. He had a history of drug use in high school and beyond 17 to 19, using marijuana every day. His opioid use began as a teen when he began buying Oxycontin from time to time at the age of 16. He lacks a mitigating diagnosis. In a records review conducted at Arlington, VA on 15 June 2018, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 21 December 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 September 2015 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 4 October 2014 and on or about 8 October 2014, he wrongfully used Oxymorphone, a schedule II controlled substance. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 5 October 2015, the applicant waived his rights to consult with A JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 November General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 October 2012 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 25 / Associate's Degree / 127 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Calvary Scout / 3 years, 2 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (19 July 2013 - 30 March 2014) f. Awards and Decorations: ACM-2CS, ARCOM, NDSM, GWOTSM, ASR, OSR, NATOMDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 3 November 2014, reflects the applicant tested positive for OXMOR 156 (oxymorphone), during an Inspection Random (IR) urinalysis testing, conducted on 8 October 2014. FG Article 15, dated 1 April 2015, for wrongfully using oxymorphone (between 2 and 8 October 2014). The punishment consisted of a reduction to E-1; forfeiture of $773 pay per month for two months; and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 7 May 2015, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with an Opioid Dependence. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he is pursuing his bachelor's degree and is working full-time. 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 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 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 below that meriting an honorable discharge at the time of separation. 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 used medication to cope with his anxiety and depression. However, the applicant's service record contains documentation that supports a diagnosis of in service opioid dependence; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and the characterization of service granted. The record shows that on 7 May 2015, the applicant underwent a mental status evaluation, which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears, the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The third party statement provided with the application spoke highly of the applicant's performance. The author recognized his good performance while in the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 15 June 2018, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170003487 1