1. Applicant's Name: a. Application Date: 24 March 2017 b. Date Received: 10 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. The applicant seeks relief contending, in effect, that his discharge should be upgrade as a result of medical reasons (i.e., PTSD). 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) there was a nexus between a behavioral health or medical condition and the misconduct, which led to the applicant's separation from the Army. The Applicant's diagnosis of PTSD and mental status at the time of the misconduct mitigate the offense of drug abuse. In a records review conducted at Arlington, VA on 26 September 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, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service diagnosis of service-connected PTSD). 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, 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: 7 December 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 May 2016 (2) Basis for Separation: The applicant was informed of the following reason: testing positive for cocaine, a schedule 2 substance, and receiving a Field Grade Article 15 for this offense on 23 March 2016 (3) Recommended Characterization: Honorable The intermediate commander recommended that the applicant's characterization be characterized as general (under honorable conditions). The senior immediate commander recommended that the applicant's characterization of service be characterized as under other than honorable conditions (4) Legal Consultation Date: On 24 May 2016, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service or description of separation no less favorable than honorable. On 5 July 2016, the conditional waiver was disapproved and his case was forwarded to a standing administrative separation board. On 29 July 2016, the applicant acknowledge receipt of the notification to appear before an administrative separation board hearing that would convene on 22 August 2016, to determine his separation from the Army. (5) Administrative Separation Board: On 22 August 2016, the applicant appeared before the board with legal counsel. The board having carefully considered all of the admitted evidence before it, found the allegation of misconduct-abuse of illegal drugs in the notification letter of proposed separation was supported by a preponderance of the evidence and the findings did warrant separation of the applicant. The board recommended that the applicant be separated from the United States Army with issuance of a general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 19 September 2016 / General (Under Honorable Conditions) It should be noted the separation authority having reviewed the Administrative Separation packet and the findings of the Medical Evaluation Board pertaining to the applicant, and after careful consideration of all matters, directed that the applicant be separated from the Army prior to the expiration of his current term of service. The applicant's medical condition was not a substantial contributing cause of the conduct that led to the recommendation for administrative separation. After reviewing the rehabilitative transfer requirement IAW AR 635-200, 1-16, it was determined that the requirements be waived, as the transfer would serve no useful purpose or produce a quality Soldier. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 November 2014 / Indefinite b. Age at Enlistment / Education / GT Score: 32 / 2 years College / 98 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B28, Infantryman / 14 years, 11 months, 27 days d. Prior Service / Characterizations: USMC, 11 December 2001 to 10 December 2005 / HD USMCMC, 11 December 2005 to 19 September 2007 /NIF RA, 20 September 2007 to 27 March 2011 / HD RA, 28 March 2011 to 6 November 2014 / HD e. Overseas Service / Combat Service: Hawaii, SWA / Republic of Philippines (22 September 2003 to 21 January 2004), Kuwait (1 September 2004 to 30 November 2004); Iraq (1 December 2004 to 31 March 2005); Afghanistan (10 July 2008 to 29 June 2009 and 8 January 2011 to 23 December 2011) f. Awards and Decorations: ARCOM-4, AAM-5, Navy / Marine Combat Action Ribbon, JMUA, MUC, USN Unit Commendation, AGCM-2, NDSM, GWOTEM, GWOTSM, ICM-CS, ACM-3CS, ASR, OSR-2, USN&USMC Corps OSR-2, USN SEA Service Deployment Ribbon-2, NATOMDL -2, CIB, EIB g. Performance Ratings: 1 May 2014 to 10 January 2015, Fully Capable 11 January 2015 to 10 January 2016, Not Qualified h. Disciplinary Action(s) / Evidentiary Record: CID Report, dated 29 December 2015, which shows the applicant was the subject of an investigation for wrongful use of cocaine. FG Article 15, dated 23 March 2016, for with intent to deceive, made to a CID Investigator, an official statement, to wit: he didn't know how he tested positive for cocaine, which statement was totally false, and was then known by him to be so false on 9 December 2015 and wrongfully using cocaine a schedule 2 controlled substance between on or about 27 November 2015 and 30 November 2015. The punishment consisted of reduction to E-5 and extra duty for 14 days (suspended). Memorandum from the applicant's defense counsel requesting for an honorable transition of the applicant. Negative counseling statement in reference to the applicant testing positive on a urinalysis test and a recommendation for chapter 14-12c action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Medical Evaluation Board Proceedings, dated 7 July 2016, which shows the applicant was diagnosed with post-traumatic stress disorder (PTSD). Failed retention standard in accordance with AR 40-501, Chapter 3, and paragraph 3- 33 (c). The board recommend that the applicant be referred to a Physical Evaluation Board (PEB). Integrated Disability Evaluation System Narrative Summary which makes reference to the applicant's issues with PTSD, alcohol abuse disorder, moderate, in partial remission. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letter from the Department of Veterans Affairs which awarded the applicant 90 percent service connected disability (50 percent for PTSD, alcohol dependence, partial remission, also claimed as depression and anxiety); letters of support; memorandum from legal counsel; and DD Form 214 for prior periods of service and period under review. 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. 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 and 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 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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. 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, in effect, that his discharge should be upgrade as a result of medical reasons (i.e., PTSD). The evidence in the record and that submitted by the applicant showing he was diagnosed with post-traumatic stress disorder (PTSD), were noted. However, as noted by the separation authority the applicant's medical condition was not a substantial contributing cause of the conduct that led to the recommendation for administrative separation. Also, although the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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 26 September 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, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service diagnosis of service- connected PTSD). 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, 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 AR20170006739 1