1. Applicant's Name: a. Application Date: 7 December 2016 b. Date Received: 19 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 and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, that at the time of his misconduct he was in denial about his behavioral health issues and he was not being treated for PTSD nor did he know he had PTSD which is what lead to his substance abuse. He contends he attempted to cope with his depression, anxiety and sleeping problems by abusing alcohol, which ultimately lead to his onetime use of marijuana. He has since been diagnosed and has been undergoing treatment for depression, anxiety, and PTSD. He completed ASAP and is proud to say that he has been alcohol and drug free since his unfortunate incident of misconduct. To say that he is remorseful for his action would be an understatement; however, he truly believes that the classification of his discharge does not represent who he was as a Soldier through his 9 years military career. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV were reviewed. AHLTA diagnoses include Adjustment DO with anxiety and depression, Alcohol Abuse, Alcohol Dependence, Cannabis Abuse, Cannabis Dependence, Depression and Dysthymic Disorder. AHLTA notes indicate that applicant tested positive for THC on 13 Nov 2014. On 24 Nov 2014, he told psychiatrist that, 2 months earlier, his 37 yo wife had miscarried at 12 weeks and, due to her age and the nature of her miscarriage, was told they could not have any children. Applicant indicated distress at this news contributed to his smoking THC. VA records indicate applicant is 60% SC, 30% SC for anxiety disorder, 20% for lumbosacral strain, 10% for tinnitus. Letter from VA Counseling Center, written by a licensed behavioral health provider, diagnoses the applicant with PTSD. Based on the available information, the applicant has a mitigating Behavioral Health Disorder for the offense of wrongfully using marijuana. As PTSD is associated with use of drugs to self-medicate symptoms, there is a nexus between his PTSD and the use wrongful use of marijuana In a records review conducted at Arlington, VA on 8 December 2017, 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, severe family matters, a prior period of honorable service, the circumstances surrounding the discharge (i.e. VA, post-service diagnosis of PTSD and 60% VA disability rating) 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, Chapter 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: 20 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 January 2015 (2) Basis for Separation: The applicant was informed of the following reason: wrongfully using marijuana (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 3 February 2015, the applicant voluntarily and conditionally waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than honorable. (5) Administrative Separation Board: On 26 March 2015, the Board convened and carefully considered the evidence properly before it and found that the applicant wrongfully use of marijuana was supported by the preponderance of the evidence. It was recommended that the applicant be separated from the military with a general (under honorable conditions) characterization of service. (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 August 2013 / 3 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91C10, Utilities Equipment Repairer / 9 years, 1 month, 10 days d. Prior Service / Characterizations: RA, 11 April 2006 to 21 October 2008 / HD RA, 22 October 2008 to 24 June 2012 / HD RA, 25 June 2012 to 2 August 2013 / HD e. Overseas Service / Combat Service: SWA, Germany / Iraq (5 November 2007 to 19 January 2009) and Afghanistan (28 January 2010 to 21 July 2010) f. Awards and Decorations: ARCOM-3, AAM-6, ICM-2CS, ACM-CS, NDSM, GWOTEM, GWOTSM, NOPDR, ASR, OSR-2, NATOMDL g. Performance Ratings: 1 February 2013 to 31 January 2014, Among The Best 1 February 2014 to 10 December 2014, Marginal h. Disciplinary Action(s) / Evidentiary Record: There is a positive urinalysis report contained in the record coded IU, (Inspection Unit), that shows the applicant tested positive for THC 35 on 13 November 2014. FG Article 15, dated 11 December 2014, for wrongfully using marijuana between 15 October 2014 and 15 November 2014. The punishment consisted reduction to E-4, forfeiture of $1,213 pay per month for two months, and 45 days extra duty. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 22 January 2015, shows that the applicant was diagnosed with Axis I for alcohol dependence, cannabis abuse. It was noted that the applicant had not deployed in the past 24 months and had symptoms of PTSD but not TBI. There may have been a limited relationship between this condition and alleged misconduct in the form of prolonged alcohol dependence to assist in sleep. The applicant was cleared by Behavioral Health for chapter separation. Medical documents submitted by applicant show that he has been diagnosed with major depression and that he is receiving treatment. It was also noted that he has/had active problems with adjustment disorder with anxiety and depressed mood on 30 December 2014. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored letter; an evaluation of his progress from the Department of Veterans Affairs Columbus Vet Center; medical record the are relevant to his case; and character reference letters from commissioned and noncommissioned officers he had previously worked for. 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 general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge. 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 noncommissioned officer, 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. Furthermore, the appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for drug offenses is "JKK" and the RE code is 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, that at the time of his misconduct he was in denial about his behavioral health issues and he was not being treated for PTSD nor did he know he had PTSD which is what lead to his substance abuse. He contends he attempted to cope with his depression, anxiety and sleeping problems by abusing alcohol, which ultimately lead to his onetime use of marijuana. The applicant's contentions were noted; 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. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant also contends that since his discharge he has been diagnosed and has been undergoing treatment for depression, anxiety, and PTSD. He completed ASAP and is proud to say that he has been alcohol and drug free since his unfortunate incident of misconduct. To say that he is remorseful for his action would be an understatement; however, he truly believes that the classification of his discharge does not represent who he was as a Soldier throughout his 9 year military career. The applicant's in-service and post-service accomplishments have been noted and the applicant is to be commended on his accomplishments. However, It should be noted that by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 8 December 2017, 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, severe family matters, a prior period of honorable service, the circumstances surrounding the discharge (i.e. VA, post- service diagnosis of PTSD and 60% VA disability rating) 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, Chapter 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, 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: 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 AR20170004101 1