1. Applicant's Name: a. Application Date: 2 March 2017 b. Date Received: 16 March 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 accepts responsibility for his actions, when he failed a urinalysis. He had achieved many meaningful tasks in the Army, by completing many courses; receiving an Army Achievement Medal for providing emergency medical aid; and, he went to many board examinations. He was efficient at completing his objectives in the unit and if he could go back and not have fallen under bad influences of a select few in his unit, he would. He states, there is nothing he regrets more than having to look back on a stupid mistake he made that ruined his Army career. Since his discharge, he has been working with the VA and their doctors to better himself. He was recently diagnosed with Bi-polar 2, which has been a struggle for him. He has taken what he has learned from the service and applies it in his everyday life to better himself. He states, he is now in the recovery stage in one of his treatment plans. He has come a long way after his military service and he desires the upgrade to show that he is still an honorable Soldier and veteran. He understands that no one can change their past, but one can control their future. 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. SMs electronic military medical records indicated a diagnosis of ADHD. He received counseling primarily for concentration difficulties, sleep problems, worry about his family back home and symptoms of anxiety and depression. He also participated in ASAP following positive UA (dates are unknown). A Mental Status Evaluation dated 4 December 2008 indicated diagnoses of ADHD, by history. His current potential for suicidal and homicidal ideation and AWOL were determined to be low and he was psychiatrically cleared for administrative action. On the Report of Medical History dated 13 October 2008 SM endorsed sleep problems, depression or excessive worry, a history of counseling, anxiety, use of psychiatric medications, and use of illegal drugs. The medical examiner noted prescriptions for Adderall, Flexaril, and Darvocet. VA medical records indicated SM is 100% service connected for Bipolar Disorder. VA medical notes indicated SM is currently on probation and has difficulty with opioid, alcohol, and marijuana abuse. In summary, SMs diagnosis of Bipolar Disorder can be associated with the misuse of drugs and/or alcohol; therefore, there is a nexus between this applicant's misconduct (cocaine use) and his behavioral health symptoms. In a record review hearing conducted at Arlington, VA on 1 March 2018, and by a 4-1 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's quality of service, matters surrounding the discharge (i.e. in-service OBH diagnosis and post-service bi-polar diagnosis) and as a result it is inequitable. Accordingly, the Board voted to grant relief by changing 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. 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 27 February 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 January 2009 (2) Basis for Separation: The applicant's commander informed the applicant that he had initiated separation proceedings against him, under the provisions of AR 635-200, Chapter 14, Section III, paragraph 14-12c, Commission of a Serious Offense. The specific reasons for the proposed action were: On 18 August 2008, he tested positive for the illegal use of cocaine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 3 February 2009, the separation authority approved the applicant's discharge under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, Commission of a Serious Offense. / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 June 2007 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 74D10, Chemical Operations Specialist / 1 year, 8 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 18 August 2008, reflects the applicant tested positive for COC 504 (cocaine), during an Inspection Unit (IU) urinalysis testing, conducted on 18 August 2008. FG Article 15, dated 2 October 2008, for wrongfully using cocaine (between 16 and 18 August 2008). The punishment consisted of a reduction to E-1; forfeiture of $673 pay; restriction for 45 days (suspended); and, extra duty for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 4 December 2008, 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. The applicant was diagnosed with an Attention Deficit Hyperactivity Disorder, by history (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: He states, he has been working with the VA and their doctors to better himself. He has taken what he has learned from the service and applies it in his everyday life to better himself. He states, he is now in the recovery stage in one of his treatment plans. 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. 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 has been diagnosed with Bi-polar 2. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 4 December 2008, 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 applicant contends that he had good service which included a combat tour. 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. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the characterization 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 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 record review hearing conducted at Arlington, VA on 1 March 2018, and by a 4-1 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's quality of service, matters surrounding the discharge (i.e. in- service OBH diagnosis and post-service bi-polar diagnosis) and as a result it is inequitable. Accordingly, the Board voted to grant relief by changing 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. 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, 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: SECRETARIAL REVIEWING AUTHORITY (SRA): While the Board denied changing the characterization of service to Honorable; as the Secretarial Reviewing Authority, I reviewed the findings, conclusions, and the board's recommendation under the authority of Title 10 United States Code Section 1553(b) and Department of Defense Instruction 1332.28 (Discharge Review Board (DRB) Procedures and Standards), enclosure E3.7.1.1.1. I find sufficient evidence to change the characterization of service to Honorable. Therefore, I am directing your DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by issuing you a new DD Form 214 changing the characterization of service to Honorable; 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. 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 AR20170003809 1