1. Applicant's Name: a. Application Date: 7 June 2017 b. Date Received: 9 June 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant through counsel seeks relief contending, in effect, the characterization of service is unjust because it does not reflect the totality of service. The applicant's characterization of service is unjust because, at the time of misconduct, the applicant's ability to serve was impaired because of severe psychological issues relating to the inability to deploy with the unit resulting from an automobile accident injury. The applicant's characterization of service is unjust because of post-service contributions to society, record of sobriety and civilian employment are of such a glowing nature that it casts substantial doubt on the accuracy of the applicant's characterization of service. The applicant served with honor and distinction that several members of the former chain of command support this upgrade. The applicant desires to serve in the Army again. 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 indicate the following diagnoses: Alcohol Use Disorder, Cannabis Abuse and Concussion. On 19 January 2014, the applicant underwent the chapter separation MSE wherein the applicant screened negative for PTSD and TBI. JLV notes indicate applicant has also been diagnosed with PTSD secondary to his MVA. In summary, although the applicant has a medical diagnoses of PTSD, it is not mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 29 October 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 (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 31 July 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 30 June 2014 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully used marijuana, a schedule I controlled substance between (26 March 2014 and 25 April 2014). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 June 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 July 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 January 2011 / 6 years, 19 weeks b. Age at Enlistment / Education / GT Score: 17 years / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 6 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report , dated 19 August 2012, revealed the applicant was under investigation for driving under the influence of drugs, less safe, reckless driving, and failure to stop at an accident involving injury, off post. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 14 January 2013, he was cited for driving under the influence, less safe. Positive urinalysis test coded IR (Inspection Random), dated 25 April 2014, for THC. FG Article 15, dated 11June 2014, for wrongful use of marijuana between (22 April 2014 and 25 April 2014); reduction to PV2 / E-2, forfeiture of $500 pay for two months (suspended); extra duty for 45 days and restriction for 45 days (suspended). Report of Mental Status Evaluation, dated 19 June 2014, relates the applicant was screened for PTSD and mTBI, both screens were negative. Based upon the comprehensive review of applicant's medical records, mental status evaluation, safety / risk assessment, and results of BHDP assessment data. The applicant does not demonstrate any condition which would meet AR 40-501 criteria for a medical evaluation board. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating Decision, dated 2 August 2018, the applicant had a service connection for other specified trauma and stressor-related disorder (also claimed as post-traumatic stress disorder (PTSD) and depression) was granted with an evaluation of 30 percent; effective 19 April 2018. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's brief (eight pages); Enclosure 1, DD Form 214; Enclosures 2-6, support statements; a Civil Service Performance Plan and Appraisal (seven pages); VA Rating decision (three pages); transcript, Colorado Technical University; and attorney's reply to attend personal appearance hearing. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states through counsel he is a full-time employee of the US Department of State and continues to serve our Nation. In addition to working full-time; he is attending Colorado Technical University Online where he maintains a grade-point average of 3.67. He is a member of Sigma Kappa PSI (an honors organization). He is studying Homeland Security and Emergency Management. 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. 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. 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. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14-12c(2), misconduct (drug abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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 and a change to the narrative reason for separation. 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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 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 requests a change to the narrative reason for separation. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his characterization of service is unjust because it does not reflect the totality of his service. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. The applicant further contends, his characterization of service is unjust because, at the time of his misconduct, his ability to serve was impaired because of severe psychological issues, relating to his inability to deploy with his unit, resulting from an automobile accident injury. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. The applicant also contends, his characterization of service is unjust because, his post-service contributions to society, record of sobriety and civilian employment are of such a glowing nature that it casts substantial doubt on the accuracy of his characterization of service. The applicant is to be commended for his effort. 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's post-service accomplishments have been noted as outlined in the attorney's brief. The applicant additionally contends, he served with honor and distinction that several member s of his former chain of command support his upgrade. 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. The third party statements provided with the application speak highly of the applicant's performance. However, some the persons providing the character reference statements were t in a position to fully understand or appreciate the expectations of the applicant's chain of command and some were not. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant desires to serve in the Army again. However, Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 29 October 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20170010400 5