1. Applicant's Name: a. Application Date: 21 March 2017 b. Date Received: 27 March 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 pertinent part and in effect, he was treated like a criminal long before he was found innocent or guilty. He was harassed and blackmailed into doing things that he would not have done. He was mentally abused by his leaders from January 2015 until he was discharged. He was denied the opportunity to see his command sergeant major to request for a rehabilitative transfer. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with a behavioral health condition. However, due to the nature of the behavioral health condition, it does not mitigate the misconduct. While enrolled in ASAP, he tested positive for amphetamine. He denied use and stated it was probably due to some other medications he was taking. (No such medication was found on his AHLTA med list). Based on the available information, the applicant does not have a mitigating BH disorder. After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced into the discharge packet the results of a biochemical test conducted on 18 March 2015, which was coded RO (Rehabilitation) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. Accordingly, in a records review conducted at Arlington, VA on 5 September 2018, and by a 5-0 vote, the Board voted to change the characterization of service to honorable. 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: Misconduct / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 2 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 January 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On 18 March 2015, the applicant tested positive for D-Amphetamine, a Schedule II controlled substance. On 1 January 2015, he physically controlled a vehicle while drunk. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 26 January 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 February 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 January 2013 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25U10, Signal Support Systems Specialist / 3 years, 1 month, 18 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AAM; NDSM; GWOTSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: MP Report, dated 2 January 2015, indicates the applicant was the subject of an investigation for alcohol related traffic offense, driving while impaired An Electronic Copy of DD Form 2624, dated 1 May 2015 (page 27 of separation file), indicates the specimen collected on 18 March 2015, on an "RO" (Rehabilitation Testing) basis, provided by the applicant, tested positive for D-Amphetamine. Negative Counseling Statements for being notified of an intent to initiate an administrative separation; failing a urinalysis test conducted as an "RO" due to his enrollment in ASAP (page 24 of separation file); and being arrested for DUI. General Officer Memorandum of Reprimand (GOMOR), dated 30 March 2015, indicates the applicant was reprimanded for operating a motor vehicle while drunk. Report of Mental Status Evaluation, dated 27 October 2015, indicates the applicant was cleared to go through the administrative separation process. Commander's Report memorandum, dated 28 January 2016, indicates the applicant received a FG Article 15 on 11 March 2015 (NIF), for drunk driving, and his punishment consisted of a reduction to E-1, forfeiture of $773 pay per month for two months (suspended), 45 days of extra duty and restriction, and an oral reprimand. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 24 November 2015, indicates the applicant and the examiner noted behavioral health issues and treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 21 March 2017; command recommendations for GOMOR filing, dated 8 June 2015; counseling statement, dated 18 June 2015; two FLAG actions, dated 19 August 2015, and 24 June 2015; and statement of charges/cash collection voucher, dated 13 August 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 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 record further confirms the government introduced into the discharge packet the results of a biochemical test conducted on 18 March 2015, which was coded RO (Rehabilitation) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan (as described in the counseling statement, dated 30 September 2015, page 24 of separation file). This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced into the discharge packet the results of a biochemical test conducted on 18 March 2015, which was coded RO (Rehabilitation) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. Accordingly, in a records review conducted at Arlington, VA on 5 September 2018, and by a 5-0 vote, the Board voted to change the characterization of service to honorable. 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: Honorable 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 AR20170007695 5