1. Applicant's Name: a. Application Date: 1 July 2017 b. Date Received: 3 July 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, that the discharge was the result of post-traumatic stress. After a medical evacuation from Iraq, which the applicant was wounded by a terrorist explosion, the applicant was assigned to Wounded Warriors unit for 14 months waiting for medical evaluation board (MEB) for traumatic brain injury (TBI). During this time the applicant was abandoned by family, wife and kids through months of hospitalization and stress conditions, the applicant began self-medicating with cannabis resulting in a demotion of rank from SPC/E-4 and discharged. 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 diagnoses of an Adjustment Disorder with Anxiety and Depression, Alcohol Abuse, Alcohol Dependence, Depression, Opioid Related Disorder, PTSD, and a Personality Disorder. Post service, the applicant has a service- connected disability rating of 100% for the diagnosis of PTSD. The applicant has also received treatment from the VA for Alcohol Dependence and Major Depression. In summary, although the applicant had a BH condition, it is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 20 February 2019, 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: 19 May 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 March 2009 (2) Basis for Separation: The applicant was informed of the following reasons: it was determined by a CID Investigation that the applicant wrongfully conspired to distribute marijuana, was in possession of marijuana, and was carrying a concealed weapon on Fort Stewart; The applicant was involved in an altercation with another Soldier and was found carrying a concealed knife on 19 April 2008; and The applicant tested positive on a urinalysis for marijuana on 26 September 2008 and on 17 December 2008. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 April 2009 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board (6) Separation Decision Date / Characterization: 28 April 2009 / General (Under Honorable Conditions) It should be noted, that the separation authority disapproved the recommendation of the Medical Evaluation Board IAW AR 635-40, Paragraph 4-3 and determined that the applicant would not be processed through the Medical Evaluation Board proceedings. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 March 2006 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 24 / GED / 103 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13D10, Field Artillery Automation / 3 years, 1 month, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (15 May 2007 to 14 November 2007) f. Awards and Decorations: NDSM, ICM-Arrowhead, GWOTEM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 19 April 2008, shows the applicant was the subject of investigation for assault consummated by a battery and failure to obey lawful order or regulation. FG Article 15, dated 19 August 2008, for violating a lawful general regulation, by carrying a concealed knife on his persons, wrongfully consuming alcohol, and unlawfully striking another Soldier in the head with a closed fist on 19 April 2008. The punishment consisted of reduction to E-3 (suspended), and extra duty and restriction for 14 days. Electronic copy of the DD Form 2624, dated 3 October 2008, reflects the applicant tested positive for THC 354 during an Inspection Unit (IU) urinalysis testing conducted on 26 September 2008. Military Police Report, dated 8 October 2008, shows the applicant was the subject of investigation for wrongful use of marijuana-determined by urinalysis. Record of Supplementary Action Under Article 15, UCMJ, dated 15 October 2008, which vacated the suspension of punishment dated 19 August 2008 (reduction to E-3). The vacation was based on the applicant failing to go at the time prescribed to his appointed place of duty on 20 September 2008. Electronic copy of the DD Form 2624, dated 30 December 2008, reflects the applicant tested positive for THC 76 during an Probable Cause (PO) urinalysis testing conducted on 17 December 2008 CID Report, date 3 February 2009, shows the applicant was the subject of investigation for carrying a concealed weapon, wrongful possession of marijuana, wrongful distribution of marijuana, and conspiracy. FG Article 15, dated 11 February 2009, for the wrongful use of marijuana a Schedule I controlled substance between 10 September 2008 and 16 September 2008 and 18 November 2008 and 17 December 2008, wrongful possessed 2 grams of marijuana a schedule I controlled substance 22 November 2008, conspired with another Soldier to commit an offense to distribute and sale 3.4 grams of marijuana on 22 November 2008, violated a lawful general regulation, by wrongfully carrying a concealed knife on his persons 22 November 2008, and failed to go at the time prescribed to his appointed place of duty on 9 January 2009. The punishment consisted of reduction to E-1 and extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 21 December 2007, shows that the applicant had problems with depression, psychosis, adjustment disorder with anxiety and depressed mood. Mental Status Evaluation, shows the applicant was diagnosed with an Axis I for depression, adjustment disorder with anxiety and depression, opioid related disorder, alcohol abuse and an Axis II for possible personality disorder with passive aggressive traits. It was noted that the applicant had been hospitalized on several occasions for psychiatric evaluation and had been seen by multiple behavioral health/social work/ASAP providers for assessment but had repeatedly declined behavioral health interventions. It was also noted in the remarks section (10) that the applicant was cleared for any administrative actions deemed appropriated by his command, such as separation under AR 635-200, Chapter 5-17 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; document from the Department of Veterans Affairs showing the applicant was awarded 70 percent service connected disability for adjustment disorder with mixed anxiety and depression disorder, and post-traumatic stress disorder, with cognitive disorder, status post-concussion syndrome; letter of intent (LOI) for Medical Board Processing; and Chronological Record of Medical Care. 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 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 his 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 he should have been retained on Active duty. The applicant seeks relief contending that his discharge was the result of post-traumatic stress. After his medical evacuation from Iraq, which he was wounded by terrorist explosion, he was assigned to Wounded Warriors Unit for 14 months waiting for medical evaluation board (MEB) for traumatic brain injury (TBI). During this time he was abandoned by his family, wife and kids through months of hospitalization and stress conditions he began self-medicating with cannabis resulting in his demotion of rank from SPC/E-4 and discharged. The applicant's contentions were noted; evidence in the record and that submitted by the applicant shows he was diagnosed with an Axis I for depression, adjustment disorder with anxiety and depression, opioid related disorder, alcohol abuse and an Axis II for possible personality disorder with passive aggressive traits. It was noted that the applicant had been hospitalized on several occasions for psychiatric evaluation and had been seen by multiple behavioral health/social work/ASAP providers for assessment but had repeatedly declined behavioral health interventions. However; as noted by the applicant he was assigned to the Wounded Warriors Unit pending MEB; as a result of his misconduct he was discharge under the provisions of AR 635-200, Chapter 14. Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non- judicial punishment. The applicant failed to respond appropriately to these efforts. 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 20 February 2019, 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 AR20170010455 1