1. Applicant's Name: a. Application Date: 7 March 2017 b. Date Received: 10 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, after Operation Iraqi Freedom, was experiencing anxiety, hyper vigilance, loss of sleep and feeling tense all the time. The applicant tried marijuana for the first time to help cope and deal with mental issues. The applicant blames the war for the mental issues and drug use. The applicant did not receive the mental help needed, resulting in the discharge. The applicant has been clean, drug and alcohol free for years now and the discharge should be upgraded. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, notes indicate no Behavioral Health (BH) contacts. VA medical records contain no clinical content and therefore, the applicant does not have a mitigating BH condition that led to the separation. In a records review conducted at Arlington, VA on 1 August 2018, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, homelessness, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 9 December 2003 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 18 October 2003 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; on 17 October 2003, he was convicted by a Summary Court-Martial, for testing positive for wrongful use of marijuana (15 September 2003); being absent from his unit (17September 2003 until 20 September 2003); on 27 August 2003, he received a FG Article 15, for testing positive for the wrongful use marijuana on (22 July 2003); and he also received negative counseling statements for failure to report, making false statements under oath, and other disciplinary actions. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 November 2003 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 2 December 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 January 2002 / 3 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Light Wheel Vehicle Mechanic / 1 year, 10 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 27 August 2003, for wrongful use of marijuana between (22 June 2003 and 22 July 2003), reduction to PVT / E-1, forfeiture of $575 pay for two months, extra duty and restriction for 45 days. Four positive urinalysis tests coded PO (Probable Cause), dated 22 July 2003, 15 September 2003, 20 September 2003 and 22 September 2003, all for THC. CID Report of Investigation, dated 10 September 2003, relates that he applicant was under investigation for wrongful use of a controlled substance. A Charge Sheet, dated 14 October 2003, see paragraph 3c above. Summary Court-Martial, dated 17 October 2003, the applicant was found guilty of without authority, absented himself from his unit (17 September 2003 until 20 September 2003); and wrongful use of marijuana between (15 August 2003 and 15 September 2003). He was sentenced to forfeiture of $767 pay for one month and confinement for one month. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL for 4 days, 17 September 2003 until 20 September 2003; mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 21 August 2003, revealed that the applicant had an Axis I diagnosis of alcohol abuse and cannabis abuse. There was no evidence of any mental disease or defect which warrants disposition through medical / psychiatric channels. He was mentally responsible and had the capacity to understand administrative proceedings. He was enrolled in ASAP. He was psychologically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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. 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. 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. 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 the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant's record of service and the issues 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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 a general (under honorable conditions) or an honorable discharge at the time of separation. 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, after Operation Iraqi Freedom, he was experiencing anxiety, hyper vigilance, sleep loss and feeling tense all the time; and he blames the war for his mental issues and drug use. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he deployed to Iraq. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant further contends, he tried marijuana for the first time to help him cope with the mental issues he was dealing with. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Community Counseling Center and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant also contends, he did not receive the mental help he needed, resulting in the discharge he received. If the applicant was experiencing mental health issues he could not or did not know how to handle those issues; he could have self-referred to the Community Behavioral Health Center for Assistance. The applicant additionally contends, he has been clean, drug and alcohol free for years now and his discharge should be upgraded. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 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 1 August 2018, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, homelessness, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170004133 3