1. Applicant's Name: a. Application Date: 30 October 2016 b. Date Received: 31 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, joined the Army with the intentions of creating a stable foundation and structure for the future. The applicant had taken weight training classes in high school before entering so the applicant had an advantage physically. The applicant had never known that it would be so demanding. The applicant had done exceedingly well in basic training and friends who trained with the applicant became supportive brothers. Two weeks after arrival in AIT, the applicant was promoted to E-3 and there were only six Soldiers in the class and had extra hands on training on various tracked vehicles. The instructor was well educated on all subjects at hand and had in depth knowledge about the vehicle the applicant loved learning about all the different track and wheeled vehicles. Being familiar with many of the skills needed, training and preforming on tanks came natural to the applicant and the applicant was very proud of these new skills. The applicant arrived to the first duty station scared and anxious to prove to the company that the applicant was a worthy track mechanic. The Soldiers in the unit just redeployed and were on leave. The applicant adapted to the new standards and after a year of field problems, became familiar and comfortable working making sure the fleet of tracked vehicles and the mechanical problems were always fixed in a timely manner. The unit deployed to Kuwait in July 2013, and during the middle of the deployment, the applicant's best friend's grandfather died, who was like a second grandfather to the applicant. It was hard for the applicant to mourn over the death when the applicant was 4,000 miles away. The applicant became depressed the rest of the deployment and made many close friends, while deployed. After redeployment, the applicant was very excited to be on home soil and about a month later everyone returned from leave, when the applicant's fraternal grandfather suddenly passed away. It was hard for the applicant to lose another family member who was dear to the applicant. It was hard for the applicant to deal with these recent deaths, all within five months of each other. Later that week some friends invited the applicant out to help cheer the applicant up, but alcohol just made matters worse. The applicant states, that was when the applicant started doing drugs and going to the club, because it made the applicant happy and forget about the depression. Soon the applicant became addicted to the partying and the clubbing and did not realize what the applicant had entered oneself into. It was after a four-day weekend when the unit had a surprise urinalysis and the applicant was doomed. The applicant believed as if the applicant did not have enough time to build up the courage to get the help necessary. The applicant felt after the unit discovered the drug use, it was hard for the applicant as the applicant had proudly worked hard in the Army and knew it was over. The public punishment was unrelenting and the applicant became very confused, embarrassed, hurt and deeply depressed, but the applicant just could not give up and has not. The applicant was ostracized by most of the Soldiers of the battalion and even fellow battle buddies could not be seen talking to the applicant or they would be written up. The applicant was announced as not being an acceptable Soldier and a poor influence. Since discharge, the applicant has been attending college working towards a degree in diesel mechanics, where the applicant has earned a place on the Dean's List. The applicant's desire is to be one of the best diesel mechanics in the field, but the discharge is preventing the applicant from qualifying for most jobs. The applicant also is involved in the community as the Mini Bike Director at the YMCA, Camp Cosby and helping elderly neighbors with odd jobs. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Cannabis Abuse, Cocaine Related Disorder, and Concussion. VA records only contain DoD content. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 2 October 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH). 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: In Lieu of Trial by Court-Martial / AR 635- 200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 26 November 2014 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 9 October 2014, the applicant was charged with two specifications of violating Article 112a, UCMJ, for: Wrongfully using cocaine (between 26 August and 2 September 2014); and, Wrongfully using methylene-dioxy-meth-amphetamine (MDMA). (2) Legal Consultation Date: 4 November 2014 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 17 November 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 September 2013 / 3 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91P10, Self-Propelled Artillery Systems Maintainer / 4 years, 6 months, 3 days d. Prior Service / Characterizations: RA, 24 May 2010 - 3 September 2013 / HD e. Overseas Service / Combat Service: SWA / Kuwait (19 September 2012 - 21 February 2013) f. Awards and Decorations: AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Electronic Copy of DD Form 2624, dated 10 September 2014, reflects the applicant tested positive for COC 807 (cocaine) and MDMA 1138 (methylenedioxymethanphetamine), during an Inspection Random (IR) urinalysis testing, conducted on 2 September 2014. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; two self-authored statements; medical documents; ten character statements; Dean's List Award; college transcripts. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is pursuing his degree and serves as a Mini Bike Director at the YMCA, Camp Cosby. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general (under honorable conditions) discharge is authorized, a discharge under other than honorable conditions is normally considered 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 under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends that he was coping with the loss of grandfather and close friend 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. Further, the service record contains no evidence of a depression diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends that he had good service which included a combat tour. 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 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 2 October 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH). 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 AR20170006158 1