1. Applicant's Name: a. Application Date: 2 May 2017 b. Date Received: 8 May 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, he requests an upgrade of his discharge to honorable, as per the DOD stating they would upgrade to honorable if a veteran had been discharge with PTSD. He would like to use his GI Bill benefit if the discharge is upgraded. He was charged in the El Paso Texas, civilian courts, with possessing drugs and the charges against him were ultimately dismissed. He has since struggled with PTSD and gotten into more trouble. 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 PTSD. However, due to the nature of the misconduct, PTSD does not mitigate the misconduct. In a records review conducted at Arlington, VA on 22 August 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 April 2007 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; for having in his possession marijuana, cocaine, and an open container of alcohol, and any other misconduct. He was discovered, by the El Paso police, outside the Las Palmas Hospital to be in possession of over 4 grams of cocaine, for which he was subsequently arrested (15 January 2007). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 March 2007, the applicant consulted with legal counsel, although his election of rights shows that he waived legal counsel. (5) Administrative Separation Board: The applicant's election of rights indicates that he waived consideration of his case by an administrative separation board, even though he was not entitled to a board. (6) Separation Decision Date / Characterization: 26 March 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 August 2005 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 years / GED Certificate / 94 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19D10, Cavalry Scout / 1 year, 7 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait / Iraq, 1 November 2006 to 13 January 2007 f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 1 March 2007, revealed there is no evidence of any mental disease or defect, which would warrant a disposition through medical / psychiatric channels. He was cleared for any administrative action deemed appropriate by command. The applicant received several negative counseling statements for various acts of misconduct and being recommended for pre-trial confinement. i. Lost Time / Mode of Return: Confinement civilian authorities for 21 days, 15 January 2007 until 6 February 2007; AWOL for 1 day, 27 February 2007 until 27 February 2007, apprehended by civilian authorities. Total lost time 22 days. j. Diagnosed PTSD / TBI / Behavioral Health: VA rating decision revealed that the applicant was granted an evaluation of 30 percent for service connected PTSD and 10 percent for TBI. His combined evaluation for compensation was 40 percent; effective 3 July 2013. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Johnson County Sheriff's Office, Detail Incident Report; Chapter 14 documents (three pages); El Paso Police Department Incident / Investigation Report; El Paso County Sheriff's Office Booking Docket; Developmental Counseling Form; DD Form 214; PTSD news article; VA rating decision (two pages); and a VA Letter, summary of benefits. 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 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. 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 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. By the misconduct (serious offense), the applicant 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, he requests an upgrade of his discharge to honorable, as per the DOD stating they would upgrade to honorable if a veteran had been discharge with PTSD. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. The applicant further contends, he would like to use his GI Bill benefit if discharge is upgraded. 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 applicant also contends, he was charged in the El Paso Texas, civilian courts, with possessing drugs and the charges against him were ultimately dismissed. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that the charges against him were ultimately dismissed. The applicant additionally contends, he has since struggled with PTSD and gotten into more trouble. The VA rating decision is acknowledged which revealed that the applicant was granted an evaluation of 30 percent for service connected PTSD and 10 percent for TBI. His combined evaluation for compensation was 40 percent; effective 3 July 2013. 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 22 August 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20170008131 1