1. Applicant's Name: a. Application Date: 6 July 2017 b. Date Received: 10 July 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, his conditions caused him to be discharged from the service. He is 100 percent service connected for PTSD, bipolar disorder, and other physical conditions. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV) the applicant may have had a partially mitigating behavioral health condition at the time that led to the applicant's discharge. Post service, SM has a 100% service connected disability rating from the VA for PTSD. He has also been diagnosed with Bipolar Disorder with psychotic features, and issues of homelessness. He has also been hospitalized post-service for PTSD and drug rehabilitation. In summary, SMs diagnosis of PTSD, Depression, and Bipolar Disorder can be associated with substance abuse and FTRs; however, his behavioral health conditions are not mitigating for the misconduct of abandoning his guard watch and failing to maintain his weapon. Also, his AWOL offense was more so related to severe family matters rather than due to a behavioral health condition. In a records review conducted at Arlington, VA on 22 August 2018, and by a 5-0 vote, the Board determined that the narrative reason for discharge was inequitable based on the applicant's length and quality of service, to include combat service, in-service and post-service diagnoses of PTSD, TBI, a prior period of honorable service and a period of homelessness. Accordingly, the Board voted to grant relief by changing the separation authority to AR 635-200, paragraph 14-12b, the narrative reason for separation to Pattern of Misconduct, the separation code to JKA, and the reentry code to RE-3. The board determined the characterization of service was proper and equitable and voted not to change it. (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: 16 October 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 29 July 2009 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; receiving a FG Article 15 on 30 November 2007, for abandoning his guard watch, violating General Order# 1, violating Brigade policy letter #4 by smoking indoors, being derelict in his duties by failing to maintain his weapon, and being derelict in his duties to notify the chain of command; and receiving a FG Article 15 on 4 June 2008, for being AWOL from 3 March 2008 to 15 April 2008; receiving a vacation of suspended sentence for testing positive between 28 July 2008 and 28 August 2008 for marijuana, which on 16 December 2008 he received a FG Article 15; testing positive between 23 February 2009 and 23 April 2009 for cocaine and marijuana, which he is pending a Summary Courts-Martial; and missing 0630 formations on 22 July 2009 and 29 Jul 2009. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 September 2009 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a General (Under Honorable Conditions) Discharge. (6) Separation Decision Date / Characterization: On 19 August 2009, the separation approving authority reviewed the administrative separation action and the medical evaluation board pertaining to the applicant. He directed that the applicant be processed under administrative separation provisions, in accordance with AR 635-200, Chapter 14-l 2c, Commission or a Serious Offense. Although Medical Evaluation Board findings indicate that the applicant's case be referred to a Physical Evaluation Board, he found that the applicant's medical condition was not a direct or substantial contributing cause of his misconduct and that an administrative separation under Chapter 14-12c of AR 635-200 was appropriate. The applicant's case was referred to an administrative separation board. On 30 September 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 February 2006 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 26 years / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 63J10, Quartermaster and Chemical Equipment Repairer / 12 years, 4 months, 22 days d. Prior Service / Characterizations: ARNG, 12 April 1997 to 30 September 1997 / NA IADT, 1 October 1997 to 1 April 1998 / HD ARNG, 2 April 1998 to 6 December 2003 / NA AD, 7 December 2003 to 13 March 2005 / HD ARNG, 14 March 2005 to 21 February 2006 / HD e. Overseas Service / Combat Service: SWA / Kuwait, 11 February 2004 to 9 February 2005 / Iraq, 12 October 2006 to 31 December 2007 f. Awards and Decorations: ARCOM-2, AAM, AGCM, NDSM, ICM-CS, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 30 November 2007, for being a member of the guard mount, without authority, leave from his guard watch with intent to abandon the same between (22 November 2007 and 23 November 2007); having knowledge of a lawful order issued by COL B., an order which it was his duty to obey, failed to obey the same x2, by wrongfully visiting a female Soldier's room and wrongfully smoking indoors of building 224 (both on 23 November 2007); and he knew of his duties, was derelict in the performance of those duties x2, in that he negligently failed to properly secure his weapon in his room, as it was his duty to do so and he negligently failed to inform his first line supervisor and without approval replaced his guard shift with another Soldier, as it was his duty to do so (23 November 2007 and 22 November 2007, respectively); reduction to PFC / E-3 (suspended), forfeiture of $100 pay for two months, extra duty and restriction for 30 days. FG Article 15, dated 4 June 2008, for without authority, absented himself from his unit (3 March 2008 until 15 April 2008); reduction to PVT / E-1 (suspended); forfeiture of $673 pay for two months (suspended), extra duty and restriction for 45 days (both suspended). Two positive urinalysis tests coded IR (Inspection Random), dated 28 August 2008 and 23 April 2009, for THC, COC and THC respectively. On 8 October 2008, the suspension of punishment of reduction to PVT / E-1; forfeiture of $673 pay for two months, extra duty and restriction for 45 days was vacated for the new offense of wrongful use of marijuana between (28 July 2008 and 28 August 2008). FG Article 15, dated 16 December 2008, for wrongful use of marijuana between (9 July 2008 and 8 August 2008); forfeiture of $673 pay for two months, extra duty and restriction for 45 days (25 days suspended). The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL for 43 days (3 March 2008 until 15 April 2008); mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 5 March 2009, revealed that the applicant was diagnosed with major depression, PTSD and polysubstance abuse. Physical Profile, dated 6 March 2009, shows that the applicant had a temporary profile for major depression and PTSD. Report of Mental Status Evaluation, dated 8 May 2009, relates that the applicant was TBI positive for confusion, light sensitivity, irritability, dizziness and headache. He was to be scheduled to further assess appropriateness for administrative separation, with consideration for MEB. He did not meet retention standards per AR 40-501. He was not psychiatrically cleared for administrative separation. VA Document, dated 9 December 2015, indicates that the applicant was assigned a new evaluation of 100 percent for PTSD with depression (also claimed as bipolar disorder, short term memory loss, anxiety and panic attacks, with an effective date of 20 October 2014. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a VA benefits entitlement letter (12 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. 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. 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. 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 seeks relief contending, his conditions caused him to be discharged from the service. 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 his conditions caused him to be discharged from the service. The separation approving authority reviewed the administrative separation action and the medical evaluation board pertaining to the applicant. Although Medical Evaluation Board findings indicate that the applicant's case be referred to a Physical Evaluation Board, he found that applicant's medical condition was not a direct or substantial contributing cause of his misconduct. The applicant further contends, he is 100 percent service connected for PTSD, bipolar disorder, and other physical conditions. The applicant submitted a VA document, which revealed he was assigned a new evaluation of 100 percent for PTSD with depression (also claimed as bipolar disorder, short term memory loss, and anxiety and panic attacks, with an effective date of 20 October 2014. 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 determined that the narrative reason for discharge was inequitable based on the applicant's length and quality of service, to include combat service, in-service and post-service diagnoses of PTSD, TBI, a prior period of honorable service and a period of homelessness. Accordingly, the Board voted to grant relief by changing the separation authority to AR 635-200, paragraph 14-12b, the narrative reason for separation to Pattern of Misconduct, the separation code to JKA, and the reentry code to RE-3. The board determined the characterization of service was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Pattern of Misconduct d. Change Authority to: AR 635-200, paragraph 14-12b e. Change SPD / RE Code to: JKA / RE-3 Authenticating Official: SECRETARIAL REVIEWING AUTHORITY (SRA): While the Board found your narrative reason for discharge was inequitable, the board found the characterization of separation was both proper and equitable; as the Secretarial Reviewing Authority, the Deputy Assistant Secretary of the Army (Review Boards) reviewed the findings, conclusions, and the board's recommendation under the authority of Title 10 United States Code Section 1553(b) and Department of Defense Instruction 1332.28 (Discharge Review Board (DRB) Procedures and Standards), enclosure E3.7.1.1.1. The Deputy Assistant Secretary of the Army (Review Boards) found sufficient evidence to upgrade the characterization of service to Honorable Conditions. Therefore, your DD Form 214 (Certificate of Release or Discharge from Active Duty) will be corrected by issuing you a new DD Form 214 changing the characterization of service to Honorable, the narrative reason to Pattern of Misconduct, the separation authority to AR 635-200, paragraph 14-12b, the separation designator code to JKA, and the reentry code to 3. 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 AR20170011153 1