1. Applicant's Name: a. Application Date: 9 March 2017 b. Date Received: 31 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, the applicant kept a copy of everything the Army gave him, as was instructed by the Drill Sergeant. The applicant listened, followed, knew what one had signed up for, and completed duty with no complaints. The applicant states every Soldier has a personal life even though they have a commitment to duty 24/7. The applicant was a 19 year old father, which was another duty to not shy from, to include to the mother of the child. The applicant joined the Army at the age of 21 to make a better life for the family and to show the son what a man should do for the family, just as the applicant's father showed and provided as a Marine veteran. The applicant's father was taught the same from the grandfather, who also served in the Air Force. The applicant went in to serve with a head up. The applicant accepts complete responsibility for the mistakes that led to discharge. During that time, the applicant's world was a darker place when hearing the news that the fiancé was pregnant by someone else. The applicant's quick reactions and thoughts provoked the applicant to smoke marijuana. The applicant states the thoughts and feelings one had were evil. The applicant began looking at oneself differently and things became worse upon telling a NCO. Rumors started circulating and others began to looking at the applicant differently. The applicant was told to hold it together for a year, but was going through something the applicant was not mentally prepared to handle. The applicant claims to have done what one could, but the discharge day came on the applicant's birthday, which the applicant believes someone thought that was funny. The applicant states keeping hopes up, which makes the applicant smile. The applicant is not a criminal, even though with a disability, has not signed up for a medical marijuana card due to the crisis it has caused. The applicant states nothing is worth going through life like this for marijuana. The applicant states that with all of that has occurred, the son still lives with the mother, who lives with her whole family. The applicant moved to Florida to be close to the son, although telling others it was for work. The applicant knows the son is watching and in the son's eyes, the Army is the best thing that happen for them. The applicant's son understands it was a mistake, but also knows that the applicant is going to try to fix it. The applicant wants to set the example by going to school. The applicant wants to use a VA home loan to purchase a house and then file for custody of the son, who has talked about living with the applicant because he knows things are not right with the home life. The applicant understands the mistakes that affected the military career have also affected the son's future. The applicant would like to fix the future, but the biggest fix would be to fix for the applicant's son. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the applicant has multiple medical or behavioral health (BH) diagnoses. A Chapter evaluation dated 16 April 2015, indicated the SM was remorseful for THC use and going AWOL. The applicant screened negative for PTSD and TBI and was psychiatrically cleared for administrative action. Post-service, the SM has a 30 percent disability rating from the VA. However, the applicant's medical diagnoses were not mitigating for the offenses which led to separation from the Army. In a records review conducted at Arlington, VA on 20 July 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 5 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 May 2015 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 7 December 2014 and 7 January 2015, he wrongfully used marijuana; On or about 20 August 2014, he wrongfully possessed synthetic cannabinoids, in violation of Master Policy No. 52, dated 12 January 2015, which supersedes Master Policy No. 52, dated 20 June 2011; He did, on or about 3 February 2015, without authority, absent himself from his unit, to wit: Headquarters and Headquarters Company, 50th Signal Battalion (Expeditionary), Fort Bragg, North Carolina, and did remain so absent until on or about 10 February 2015; and, He did, on or about 5 March 2015, absent himself from his unit, to wit: Headquarters and Headquarters Company, 50th Signal Battalion (Expeditionary), Fort Bragg, North Carolina, and did remain so absent until on or about 31 March 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 12 May 2015, the applicant waived his rights to consult with A JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 May 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 October 2011 / 5 years, 35 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B10, IT Specialist / 3 years, 6 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 3 February 2015; From "AWOL" to "PDY," effective 10 February 2015; From "PDY" to "AWOL," effective 5 March 2015; and, From "AWOL" to "PDY," effective 31 March 2015. Commander's Report, dated 15 May 2015, reflects the applicant received a FG Article 15, dated 1 April 2015, for wrongfully using THC. The punishment consisted of a reduction to E-1; forfeiture of $773 pay for two months; extra duty and restriction for 45 days. i. Lost Time / Mode of Return: 31 days AWOL, 3 February 2015 - 9 February 2015 / Surrendered to Military Authorities AWOL, 5 March 2015 - 30 March 2015 / Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA disability rating decision, dated 6 June 2015, which reflects the applicant was rated 30 percent disability for: adjustment disorder with mixed anxiety and depressed mood and mild alcohol and cannabis use disorder, mild. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: He states, he has obtained employment. 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 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 marred the quality of his service. 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. The applicant contends the VA has granted him a service connected disability for an adjustment disorder with mixed anxiety and depressed mood. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. 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 an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. 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 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 20 July 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20170004202 1