1. Applicant's Name: a. Application Date: 4 April 2017 b. Date Received: 11 April 2017 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 to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, he served as a Combat Medic and an active paratrooper, who deployed to Afghanistan for twelve months in 2009 as a front-line medic. As he progressed in his military career, consistently improving his leadership and medical skills, he was placed in leadership roles--he was a model soldier who was reliable and always striving for excellence. He was his unit's Better Opportunities for Single Soldiers (BOSS) representative and promoted to Senior Medic, a position traditionally held by a Staff Sergeant, and he was responsible for the health readiness of over 100 men and directly oversaw three junior medics. He served as his platoon's medic on over 300 missions outside of the base during deployment. He earned a CAB for being engaged by the enemy. He was responsible for the treatment of numerous Afghan Army and police casualties from ambushes and IED attacks during joint missions. Upon his redeployment, his struggle began due to his experiences and he began using alcohol at a much heavier rate than ever in his life-he was suffering mentally and using alcohol to treat his symptoms. (The applicant detailed his symptoms.) He never considered the idea of being damaged or that he was suffering from PTSD. Knowing others having similar issues normalized everything and seeking help for mental health was highly stigmatized during that period, so he continued using alcohol to cope, except that he made a terrible decision to use cocaine while intoxicated and the next day, he was randomly drug tested, which he failed. He complied with every aspect of his punishment, and attended weekly Alcoholics Anonymous meetings and the Army drug and alcohol counseling. Although he fought hard to remain a Soldier, he was discharged four months short of completing his four-year enlistment. After his discharge, he immediately began reintegrating into the community. (The applicant detailed his accomplishments.) He hopes to work as a clinician leader at the VA to ensure future veterans receive the same level of care he received. He sought mental health care at a Veterans Affairs Hospital and was diagnosed with PTSD and given a disability rating of 70 percent. He is receiving treatment, such as therapies to manage and cope with the underlying symptoms. He believes he served his country honorably and continues to honorably serve his community and country as a medical student. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a medical or behavioral health condition that was mitigating for the reasons leading to an early separation. In a records review conducted at Arlington, VA on 31 January 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and a post-service PTSD diagnosis. Therefore, 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: 29 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 February 2011 (2) Basis for Separation: The applicant wrongfully used cocaine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 February 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 August 2007 / 4 years b. Age at Enlistment / Education / GT Score: 20 / 13 years / 116 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W1P, Health Care Specialist / 3 years, 7 months, 29 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Alaska, SWA / Afghanistan (16 February 2009 to 17 February 2010) f. Awards and Decorations: ARCOM; AGCM; NDSM; ACM-CS; GWOTSM; NCOPDR; ASR; OSR-2; NATOMDL; CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An Electronic Copy of DD Form 2624, dated 15 December 2010, shows that the applicant tested positive for cocaine during an IR (Inspection, Random) urinalysis conducted by his unit on 30 November 2010. CID Report, dated 22 December 2010, indicates the applicant was the subject of an investigation for wrongfully possessing and using cocaine. FG Article 15, dated 13 January 2011, for wrongfully using cocaine between 27 and 30 November 2010. The punishment consisted of a reduction to E-1, forfeiture of $733 pay per month for two months, and 45 days of extra duty and restriction. Report of Behavioral Health Evaluation, dated 19 January 2011, psychiatrically cleared the applicant for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence consisting of VA PTSD rating and his support/treating physicians' letters provide his PTSD diagnosis. 5. APPLICANT-PROVIDED EVIDENCE: Online application; medical school acceptance letter; letter of support by PTSD Clinical Team Staff Psychologist; AGCM and CAB certificates; letter of support; academic transcript; VA PTSD rating; VA benefits letter; home-base certification; Phi Delta Epsilon Acceptance; NSCC diploma and honors certificate; university diploma; three supporting statements; and applicant-authored letter. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, after his discharge, he started working full time as a carpenter and helped coached an inner city little league baseball team; he joined the Run to Home Base a Mass General Hospital program that treats veterans with PTSD and TBI, and raised several thousand dollars in donations for the program; he started taking night classes at the local community college and became a full-time student at the University of Massachusetts, pursuing a degree in Psychology; he was ultimately accepted into to the University of Massachusetts Medical Class of 2020; he remained active in the community by volunteering at various events such as Urban Farming for the poor and blood drives; he was on the Dean's List every semester and eventually graduated Suma cum Laude; and he researched and worked as a coordinator at the Boston University Alzheimer's and CTE center working on the first NIH funded study examining CTE in former NFL players, and contributed to three published manuscripts. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), Misconduct (Drug Abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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 to change the narrative reason for his discharge. The applicant's available record of service, and 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, 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 that ultimately caused his discharge from the Army. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12c(2) is "Misconduct (Drug Abuse)," and the separation code is JKK. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. In consideration of the applicant's service accomplishments and quality of his service prior to the incident of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization 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 applicant's contentions regarding his behavioral health issues which involved being diagnosed with PTSD, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 31 January 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and a post-service PTSD diagnosis. Therefore, 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 AR20170005741 1