1. Applicant's Name: a. Application Date: 6 February 2017 b. Date Received: 8 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 since his discharge he has turned his life around. He contends he has been a volunteer football coach at his old high school for three years, he has received a certification as an EMT and he is currently going to school to become a medical assistant while working a full time job. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV reviewed. AHLTA diagnoses include Anxiety Disorder, Panic Attacks, TBI with brief LOC, Opioid Related Disorder and Post-traumatic headache. While on active duty, applicant was followed by ASAP and the TBI clinic. VA records indicate he has been rated as 30% SC for PTSD and 50% SC for migraine headache. Based on the available information, the applicant has a mitigating BH condition-PTSD. AS PTSD is associated with the use of illicit substances to self-medicate symptoms, there is a nexus between his PTSD and the offense of wrongfully using oxymorphone. In a records review conducted at Arlington, VA on 1 June 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, combat wounding, post-service accomplishments, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of TBI and PTSD) 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, paragraph 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: 26 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 February 2014 (2) Basis for Separation: The applicant was informed of the following reason: wrongfully using Oxymorphone between 3 September 2013 and 10 September 2013 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 6 February 2014, the applicant declined legal counsel (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 March 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 July 2011 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13B1P, Cannon Crewmember / 2 years, 8 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (27 February 2012 to 5 September 2012) f. Awards and Decorations: PH, ARCOM, NDSM, GWOTSM, ASR, ACM-2CS, NATOMDL, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; letters of recommendation; degree progress audit; criminal record check; orders for awards received to include certificates; and a copy of his enlistment documents. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has moved back to his hometown and began coaching high school football as a volunteer. While going to school full time and working full time, he is going to school for medical assistance and working in the commissary department at Berks County Prison. He has received his EMT Certification and would like to start volunteering as an EMT when he has move free 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. 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 that since his discharge he has turned his life around. He contends he has been a volunteer football coach at his old high school for three years, he has received a certification as an EMT and he is currently going to school to become a medical assistance while working a full time job. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application and the applicant is to be commended on his accomplishments. 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 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: Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV reviewed. AHLTA diagnoses include Anxiety Disorder, Panic Attacks, TBI with brief LOC, Opioid Related Disorder and Post-traumatic headache. While on active duty, applicant was followed by ASAP and the TBI clinic. VA records indicate he has been rated as 30% SC for PTSD and 50% SC for migraine headache. Based on the available information, the applicant has a mitigating BH condition-PTSD. AS PTSD is associated with the use of illicit substances to self-medicate symptoms, there is a nexus between his PTSD and the offense of wrongfully using oxymorphone 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, paragraph 14-12a e. Change SPD / RE Code to: JKN / RE-3 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 AR20170003891 1