1. Applicant's Name: a. Application Date: 30 January 2017 b. Date Received: 3 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable condition discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, that his discharge was inequitable because it was based on one isolated incident in two years and nine months of service with no other adverse action. He would like an upgrade of his discharge for the purpose of being able to receive his GI Bill benefits. He contends that in July of 2014 he was charged with misconduct for drug abuse. This misconduct was a result of his several stays and treatment for a TBI condition that he received as a result of an IED explosion. He was awarded a Purple Heart for this incident. As noted by his decorations, medals and ribbons awarded on his DD Form 214, this misconduct was a small part of his otherwise honorable service specifically from his enlistment in October of 2011 until the date of his misconduct incident in July of 2014. The incident represents a small part of his otherwise honorable service of a total of two years and nine months of service as an Army engineer responsible for the location and clearing of IED's and other explosive devices during his nine month tour of duty in Afghanistan. He respectfully requests that as far as his veterans benefits are concerned, that this small indiscretion that he deeply regrets be overlooked and he be allowed to proceed with his compensation claim that he filed in July of 2016. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with TBI. However, due to the nature of the misconduct, TBI does not mitigate the misconduct. In a records review conducted at Arlington, VA on 9 May 2018, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, being combat wounded, and an in-service diagnosis of TBI. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 13 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 January 2015 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully possessing three vials of Testosterone and esters thereof, a schedule III controlled substance on 11 July 2014; wrongfully possessing three vials of Testosterone and esters thereof , a schedule III controlled substance, with intent to distribute on 15 July 2014; and wrongfully possessing approximately eight vials containing Trenbolone and Testosterone and esters thereof, a schedule III controlled substance, with intent to distribute on 15 July 2014 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 December 2014 (5) Administrative Separation Board: The applicant voluntarily waive consideration of his case by an administrative separation board contingent upon the approval of his Offer to Plead Guilty which was signed on 9 December 2014 (6) Separation Decision Date / Characterization: 12 February 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 October 2011 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12N10, Horizontal Construction Engineer / 3 years, 5 months, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (13 June 2012 to 18 March 2013) f. Awards and Decorations: PH, ARCOM, MUC, AGCM, NDSM, ACM-2CS, GWOTSM, ASR, OSR, NATO MDL, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: An Offer to Plead Guilty, dated 9 December 2014 Summary Court-Martial, dated 15 January 2015, for wrongful distribution of two vials containing Drostanolone and Testosterone and ester's thereof, a schedule III controlled substance on 11 July 2014, wrongfully possessed three vials of Testosterone and ester's thereof, of a schedule III controlled substance, with the intent to distribute the said controlled substance on 15 July 2014, and wrongfully possessed approximately 8 vials containing Trenbolone and Testosterone and ester's thereof, of a schedule III controlled substance with the intent to distribute the said controlled substance. The punishment consisted of reduction to E-1, forfeiture of $1,021.00 pay per month for one month, and restriction for 30 days to Fort Bragg and Residence. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; memorandums reference his support to CID; letters of support/recommendation; certificates for award of the Purple Heart, Army Commendation Medal, Combat Action Badge, NATO Medal, and a certificate of appreciation. 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 condition discharge to honorable or general (under honorable conditions). 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 in effect, that his discharge was inequitable because it was based on one isolated incident in two years and nine months of service with no other adverse action. Although an isolated 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 an isolated 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. The applicant contends that he was charged with misconduct for drug abuse. This misconduct was a result of his several stays and treatment for a TBI condition that he received as a result of an IED explosion. The applicant contends that medical issues contributed to his discharge from the Army. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant further contends he was awarded a Purple Heart and other awards for his period of service and believes his misconduct was small part of his otherwise honorable service specifically from his enlistment in October of 2011 until the date of his misconduct incident in July of 2014. The incident represents a small part of his otherwise honorable service of a total of two years and nine months of service as an Army engineer responsible for the location and clearing of IED's and other explosive devices during his nine month tour of duty in Afghanistan. He respectfully requests that as far as his veterans benefits are concerned, that his small indiscretion that he deeply regrets be overlooked and he be allowed to proceed with his compensation claim that he filed in July of 2016. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his accomplishments However, it appears this service was determined not to be sufficiently mitigating at the time of discharge to warrant a characterization of service of honorable or general (under honorable conditions) by the separation authority as shown by the repeated incidents of misconduct. 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 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 9 May 2018, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, being combat wounded, and an in-service diagnosis of TBI. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20170003546 1