1. Applicant's Name: a. Application Date: 7 May 2017 b. Date Received: 5 June 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to get full use out of disabled veterans organizations, companies and to be eligible for the benefits an honorable discharge is awarded. The applicant contends almost dying a couple times and was scheduled for redeployment 8 months later. The applicant was scared and really embarrassed. The applicant was given a choice to stay in the Army, lose all of rank, and have extra duty for a long time or get discharged with a general (under honorable conditions discharge. At this point the applicant already had undiagnosed PTSD and other injuries including a TBI from a rocket attack. The applicant just wanted to get it all over with. The applicant took the discharge, not knowing the affects it would have. The applicant was a young man who made a couple of bad decisions but did serve the country honorably. The applicant is now asking for an upgrade of discharge in order to take pride for the time of service. The applicant gained three ranks while deployed and was always the go to guy when a mechanic was needed outside the wire. The applicant's main reason for asking for an upgrade is for a sense of pride. The applicant feels it is worthy of an upgrade because of living the right way today. The applicant has two years of being clean and sober thanks to Alcohol Anonymous. Prior to these last two years, the applicant battled substance abuse and PTSD together. Now it's just the PTSD that the applicant gets treatment for. The applicant still battles with PTSD, but the current discharge is a point of shame and is asking for an upgrade to fully honorable. 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 indicated no history of Behavioral Health (BH) diagnoses while in service. Post-service, the applicant has a 100% disability rating from the Veteran Affairs for PTSD with Panic Attacks. The applicant has also received treatment for Depression, Opioid Abuse, TBI, and homelessness. In summary, the applicant had a medical or BH condition that was mitigating for the offenses which led to separation from the Army. In a records review conducted at Arlington, VA on 28 November 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and TBI) and as a result it is inequitable. Accordingly, 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: 11 May 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 April 2007 (2) Basis for Separation: The applicant was informed of the following reason: for the wrongful use of cocaine between 6 December and 9 December 2006. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 April 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 April 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 September 2004 / 4years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 52C10, Utilities Equipment Repairer / 2 years, 7 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (18 February 2006 to 18 February 2007) f. Awards and Decorations: NDSM, ACM, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 26 December 2006, reflects the applicant tested positive for Cocaine during an Inspection Unit (IU) urinalysis testing conducted on 9 December 2006. FG Article 15, dated 30 December 2006, for the wrongful use of cocaine while receiving special pay between 6 December 2006 and 9 December 2006. The punishment consisted of reduction to E-1, forfeiture of $650 per month for two months, extra duty and restriction for 45 days (suspended), and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 5 April 2007, shows the applicant was diagnosed with an Axis I for cocaine abuse, episodic, in remission. It was noted that the applicant was command referred for mental status evaluation as part of a proposed Chapter 14 separation. The applicant was psychiatrically cleared for administrative action deemed appropriated by his command. He had the mental capacity to understand and participate in proceedings. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored letter; and partial Rating Decision from the Department of Veterans Affairs showing the he was awarded 100 percent service connected disability for post-traumatic stress disorder with panic attacks. 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 an 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 her 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 she should have been retained on Active duty. The applicant seeks relief contending he had already almost die a couple time and was scheduled for redeployment 8 months later. He was scared and really embarrassed. He was given a choice to stay in the Army and lose all of his rank and have extra duty for a long time or get discharged with a general (under honorable conditions discharge. At this point he already had undiagnosed PTSD and other injuries including a TBI from a rocket attack. He just wanted to get it all over with. He took the discharge, not knowing the affects it would have on him. He contends he was a young man who made a couple of bad decision but he did serve his country honorably. He is now asking for an upgrade of his discharge so he can take pride in his time of service. He feels he is worthy of an upgrade because he is living the right way today. He has two years of being clean and sober thanks to Alcohol Anonymous. Prior to these last two years he battled substance abuse and PTSD together. Now it's just his PTSD that he gets treatment for. He still battles with PTSD but his current discharge is a point of shame and he is asking for an upgrade to fully honorable so he can take pride in his time of service. The applicant's contentions were noted; the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 and the applicant is to be commended on his accomplishments. It should be noted; by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. The independent medical document submitted by the applicant reference his post-service awarding of 100 percent service connected disability for post-traumatic stress disorder with panic attacks was noted. However, the fact 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 applicant expressed his desire for an upgrade of his discharge for the purpose of being able to get full use out of disabled veterans organizations and companies and to be eligible for the benefits an honorable discharge is awarded. 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 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 28 November 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and TBI) and as a result it is inequitable. Accordingly, 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 AR20170009913 1