1. Applicant's Name: a. Application Date: 27 February 2017 b. Date Received: 28 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 he would like an upgrade of his discharge for the purpose of being able to pursue a degree in Business Administration and start his own construction business one day. He contends his discharge was the result of some tough depression problems he was battling with at the time of discharge. During his 3 years and 2 months of service as a combat engineer he received one Field Grade Article 15 for which he was chaptered for. The reason why he was discharged was for marijuana. He is definitely not proud of that but he was constantly seeking help from behavior health and started using marijuana as a way to cope with his depression. He contends that since his discharge he has not gotten into any more trouble and now has a son. He attended school for welding for which he paid for out of his own packet and is now an AWS certified welder and is now asking for a second chance. 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 mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. In summary, SMs diagnosis of Major Depressive Disorder and other behavioral health conditions can be associated with alcohol and substance abuse; therefore there is a nexus between SMs misconduct (marijuana use) and behavioral health conditions. In a records review conducted at Arlington, VA on 6 June 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH). Therefore, 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: 11 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 January 2016 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using marijuana between 15 September 2015 and 15 October 2015 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 February 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 February 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 January 2013 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 12B10, Combat Engineer / 3 years, 2 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 28 October 2015, reflects the applicant tested positive for THC 37 during an Inspection Other (IO) urinalysis testing conducted on 15 October 2015. CG Article 15, dated 26 February 2013, for failure to obey a lawful general order, by wrongfully possessing contraband (nutria grain bar) on 2 February 2013. The punishment consisted of forfeiture of $327 pay and 14 days extra duty and restriction. Counseling statements in reference to the applicant testing positive for drugs and the notification of separation proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 1 October 2015, showing the applicant was diagnosed with an Axis I for anxiety disorder (per AHLTA). It was noted that the applicant was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative/board proceedings. The applicant met retention standards prescribed in AR 40-501 and there was no psychiatric disease or defect that warrant disposition through medical channels. The applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letter of recommendation; welder performance qualification test records; Department of Veteran Affairs document's showing that the applicant is receiving 70 percent service connected disability for major depressive disorder with panic disorder (claimed as depression). 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has attended school for welding for which he paid for out of his own packet and is now an AWS certified welder. 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 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 the result of some tough depression problems he was battling with at the time of discharge. During his 3 years and 2 months of service as a combat engineer he received one Field Grade Article 15 for which he was chaptered for. The reason why he was discharged was for marijuana. He is definitely not proud of that but he was constantly seeking help from behavior health and started using marijuana as a way to cope with his depression. The applicant's contentions were noted; however, evidence in the record shows the applicant was not discharge for receiving an Article 15 which he received on 26 February 2013, but for his wrongful use of marijuana on 15 October 2015. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies and he was aware that by abusing illegal drugs, he knowingly risked his military career. Also, the record shows that on 1 October 2015, the applicant underwent a mental status evaluation which indicates he was diagnosed with an Axis I for anxiety disorder (per AHLTA). However, it was noted that the applicant was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative/board proceedings. The applicant met retention standards prescribed in AR 40-501 and there was no psychiatric disease or defect that warrant disposition through medical channels. The applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. Before initiating discharge proceedings, the command ensured the applicant was appropriately counseled about his deficiencies which could lead to separation. The command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier. The evidence contained in the service record establishes the applicant was afforded a reasonable opportunity to overcome noted deficiencies. As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service. The post-service documents submitted by the applicant were also noted; however, the fact that the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant contends that since his discharge he has not gotten into any more trouble and now has a son. He attended school for welding for which he paid for out of his own packet and is now an AWS certified welder and is now asking for a second chance. 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. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to pursue a degree in Business Administration and start his own construction business one day. 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 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 6 June 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH). Therefore, 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. 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 AR20170003906 1