1. Applicant's Name: a. Application Date: 1 November 2016 b. Date Received: 22 December 2016 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, his discharge should be upgraded based on one minor infraction during his time of duty. He contends at the time of the incident, his father suffered a stroke and* his mother was very upset. His older brother was in trouble with the law and he could not help them so he was trying to assist his mother and father who were living in New Jersey at the time while he was in North Carolina. His unit was deployed and his time of service was reduced to cutting grass and cleaning bathrooms. He wanted to be deployed but was on leave when his unit left. He was not called on to deploy with his unit. He was 23 years old and his misconduct was a young man's mistake, one he has not committed since. He is now 34 years old, a husband of 10 years, the father of 3 wonderful boys, and very proud of his service to his country. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 28 September 2016. Per the Board's Medical Officer, based on the information available for review at the time, AHLTA showed no encounters or diagnoses. The JLV showed no VA SC disability percentages. And the VA Problem included Dysthymic Disorder and Tobacco Use Disorder as behavioral health diagnoses. He also had a diagnosis of Major Depressive Disorder (single episode) in outpatient encounters. No medical records are in the file that would imply a behavioral health mitigation of misconduct. His separation MSE on 08 March 2004 noted Axis I diagnoses of THC abuse/Occupational/Military/Legal Problems. He was judged to meet Army medical retention standards. In a personal appearance hearing conducted at Arlington, VA on 11 December 2017, and by a 4-1 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's length of service and post-service accomplishments 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), and the separation code to JKN. 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 / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 April 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 March 2004 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully using marijuana, a controlled substance between on or about 17 January 2004 and 17 February 2004. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 March 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 October 2000 / 6 years b. Age at Enlistment / Education / GT Score: 18 years / GED / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15D10, Aircraft Power Plant Repairer / 3 years, 6 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624, dated 24 February 2004, reflects the applicant tested positive for THC (marijuana) during an Inspection Random {IR) urinalysis testing conducted on 17 February 2004. FG Article 15, dated 11 March 2004, for wrongfully using marijuana (between 17 January 2004 and 17 February 2004). The punishment consisted of a reduction to E-1, forfeiture of $597.00 pay per month for two months, and 45 days extra duty and restriction. Army Substance Abuse Program (ASAP) Enrollment, reflects the applicant was command referred due to his improper use of drugs. Developmental Counseling, dated 3 March 2004, for testing positive for THC/illegal use of drugs. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 8 March 2004, 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 (Axis I) THC Abuse/Occupational/Military/Legal Problems. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 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 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. Evidence in the record shows separation action was initiated against the applicant based on a one time use of marijuana under the provision of AR 635-200, Chapter 14, paragraph 12c(2). However, the separation authority was not bound by the recommendation. Therefore, the separation authority directed the applicant be discharged under the provision of AR 635-200, Chapter 14, and paragraph 14-12c. 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. The applicant seeks relief contending, his misconduct was the result of personal issues he was going through with members of his family. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he was young at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. He also contends, he is now 34 years old, a husband of 10 years, the father of 3 wonderful boys, and very proud of his service to his country. The applicant is to be commended on his post service accomplishment. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Three character letters for references - 3 pages Timeline of events - 1 page Medical Record - 1 page b. The applicant presented the following additional contention(s): No additional issues. c. Witness(es) / Observer(s): Vanessa Vasquez - Wife (W) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 11 December 2017, and by a 4-1 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's length of service and post-service accomplishments 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), and the separation code to JKN. The board determined the characterization of service was proper and equitable and voted not to change it. 11. 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 / No change to RE code f. Restore Grade 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 AR20170004089 4