1. Applicant's Name: a. Application Date: 27 April 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 served honorably and received numerous awards and decorations, to include a tour in Afghanistan. He experienced a traumatic series of events that adversely affected his decision making, which ultimately led to his discharge. He struggles with Attention Deficit Disorder and is pursuing treatment. He is working on making life changes and has been substance free for 23 months. He desires to use his Post 9/11 GI Bill to pursue his education. His discharge prevents him from moving forward. 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 medical condition and the misconduct, which led to the applicant's separation from the Army. The Applicant's post-service diagnosis of PTSD and mental status at the time of the misconduct mitigate the misconduct. In a records review conducted at Arlington, VA on 5 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 period of homelessness, and in-service diagnosis of OBH and service-connected, 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, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 11 May 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 29 April 2011 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; in a sworn statement given on 7 February 2011, he admitted to using bath salts and spice on 5 February 2011. He stated the bath salts make him "feel incredible." AR 600-85, paragraph 4-2(p) prohibits the use of controlled substance analogues for the purpose of inducing excitement, intoxication, or stupefaction of the central nervous system. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 May 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 May 2011 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2009 / 5 years b. Age at Enlistment / Education / GT Score: 23 years / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Operation / 3 years, 10 months, 22 days d. Prior Service / Characterizations: RA, 20 June 2007 to 30 September 2009 / HD e. Overseas Service / Combat Service: SWA / Afghanistan, 16 March 2008 to 6 June 2009 f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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. 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 and the issues 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 served honorably and received numerous awards and decorations, to include a tour in Afghanistan. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered. The applicant further contends, he experienced a traumatic series of events that adversely affected his decision making, which ultimately led to his discharge. The record of evidence shows that the applicant was discharged by reason of admitting in a sworn statement to using bath salts and spice. The applicant also contends, he struggles with Attention Deficit Disorder and is pursuing treatment. 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 he was struggles with Attention Deficit Disorder. The applicant additionally contends, he is working on making life changes and has been substance free for 23 months. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant desires to use his Post 9/11 GI Bill to pursue his education. 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. Lastly, the applicant contends, his discharge prevents him from moving forward. 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 5 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 period of homelessness, and in-service diagnosis of OBH and service-connected, 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, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 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 / 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 AR20170009595 1