1. Applicant's Name: a. Application Date: 8 February 2017 b. Date Received: 27 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his discharge was inequitable and was based on an isolated incident within his four year career. He served honorably and reenlisted in May 2014; and upon discharge he was not issued two separate DD Forms 214. He is unable to go to school and earn a decent wage due to the fact his contract and benefits were not honored by the Army. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV were reviewed. AHLTA notes indicate applicant had multiple contacts with Behavioral Health. He initially presented with complaints of depression in Jan 2013 at which time he was diagnosed with Major Depressive Disorder. During this visit, he reported he was depressed because, over the past year, five of his friends had died, either from suicide or from being killed while deployed. In addition to this, his mother had been diagnosed with serious breast cancer. In July 2013, he was admitted to Landstuhl psychiatric unit for 5 days with the diagnoses of Acute Stress Reaction and MDD. At the time, he was feeling very despondent after a man he had performed CPR on at a Masonic meeting had died. During this time, he was treated with antidepressant medication. In Aug 2014, he presented to BH with increased anxiety symptoms. In Sep 2014, he reported worsening of his anxiety symptoms with increased panic attacks, irritability, nervousness, and nightmares. His symptoms worsened when he changed units and had a female company commander and female supervisors for the first time. He reported to BH that from the ages of 10-13, he was severely sexually molested by his stepmother who was later convicted of molestation and imprisoned. He stated that he found himself feeling panic symptoms and having nightmares when he was chastised by his female supervisor because it reminded him of his abusive stepmother. He was diagnosed with Anxiety Disorder NOS, rule out PTSD. He was placed on multiple psych meds (sleeping agent, antidepressant, antianxiety agent) and began receiving more frequent psychotherapy sessions. On 9 Oct 2014, just prior to his first wrongful use of cocaine, he reported that his father had told him his molester had been let out of jail early because of good behavior. Upon hearing this, he became extremely anxious and started worrying she would find him. He reported poor sleep, nightmares, panic attacks, irritability and impaired concentration. On 16 Oct 2014, he reported he felt "as though he is going crazy". He stated he kept having flashbacks of the abuse, kept smelling his stepmother's perfume, kept hearing her voice and kept having passive suicidal ideation. He was offered hospitalization but declined. He did not meet criteria for involuntary hospitalization. His medications were increased and his contact with BH was intensified. He overdosed on medication on 20 Oct 2014 and was admitted to psychiatry. He was discharged 3 days later. Review of the VA medical records indicates that it contains only DOD content. Based on the available information, the applicant has a mitigating Behavioral Health disorder. While not formally diagnosed with PTSD while on active duty, review of his medical records indicates he met criteria for PTSD, EPTS with aggravation from military service. As PTSD is associated with the use of illicit substances to self-medicate symptoms, there is a nexus between his use of cocaine x 2 and his diagnosis of PTSD. In a records review conducted at Arlington, VA on 29 June 2018, 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, a prior period of honorable service, post service accomplishments, the circumstances surrounding the discharge (i.e. in-service diagnosis of PTSD and OBH) 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, 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: 8 May 2015 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 21 January 2015 (2) Basis for Separation: The applicant was informed of the following reasons; he tested positive for cocaine x2 (20 October 2014 and 24 November 2014). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 24 March 2015 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than favorable general (under honorable conditions). (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 May 2014, 3 years b. Age at Enlistment / Education / GT Score: 20 years / 11 years / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 3 years, 11 months, 2 days d. Prior Service / Characterizations: RA, 7 June 2011 to 7 May 2014 / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AAM-3, AGCM, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; applicant's to the Army Review Boards Agency; two letters, Director, Case Management Division. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) 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. 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 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, his discharge was inequitable and was based on an isolated incident within his four year career. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant further contends, he served honorably and reenlisted in May 2014; and upon discharge he was not issued two separate DD Forms 214. 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. His last reenlistment was 8 May 2014 and regulations in effect at the time did not authorize the issue of a separate DD Form 214. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It also states that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment. The applicant also contends, he is unable to go to school and earn a decent wage due to the fact his contract and benefits were not honored by the Army. 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 Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 29 June 2018, 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, a prior period of honorable service, post service accomplishments, the circumstances surrounding the discharge (i.e. in-service diagnosis of PTSD and OBH) 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, 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 AR20170005690 5