1. Applicant's Name: a. Application Date: 27 July 2017 b. Date Received: 27 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to live a better life. He contends he has been working several different jobs in the restaurant industry and some steel and carpentry work. His family is struggling to pay off a monthly mortgage for the house they have lived in since he was a child. He wishes to go to school as well, provide the same support to his mother that she has given him since birth. He contends he made a horrible mistake of throwing away his future and disgracing the uniform for the use of marijuana. He truly has been progressively working on bettering himself as an individual by keeping himself occupied with working and studying to pursue a degree. With the change of his discharge, he would be able to make use of the Post 9/11 G.I. bill and finish his degree in Computer Science, while also being able to keep his family under the same roof he was raised in. In a personal appearance hearing conducted at Arlington, VA on 21 May 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: Drug Rehabilitation Failure / AR 635- 200 / Chapter 9 / JPC / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 24 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 May 2013 (2) Basis for Separation: The applicant was informed of the following reasons: for being an Army Substance Abuse Program rehabilitative failure after testing positive for the use of marijuana on 1 February 2013. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 May 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 June 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 February 2010 / 5 years, 33 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B10, IT Specialist / 3 years, 6 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment, dated 1 March 2011, which shows the applicant was command referred for admitting to taking bath salts when questioned by Military Police. Electronic Copy of DD Form 2624, dated 11 February 2013, reflects the applicant tested positive for THC 22 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 1 February 2013. Army Substance Abuse Program (ASAP) Enrollment, dated 13 February 2013, which shows the applicant was command referred for marijuana. It was noted that he had an incident over a year ago with Bath Salts. CID Report, dated, 20 February 2013, which shows the applicant was the subject of investigation for wrongful use of marijuana. FG, Article 15, dated 27 March 2013, for wrongfully using marijuana between 1 January 2013 and 1 February 2013. The punishment consisted of reduction to E-2, forfeiture of $849 pay per month for two months (suspended), and 45 days restriction and extra duty. Memorandums for Record, date 4 May 2013 and 20 May 2013, which makes reference to the applicant being classified a rehabilitative failure in accordance with Army Regulation 600-85. Counseling statement reference to being informed that he was being separated from the Army under Chapter 9. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 2 May 2013, shows the applicant was diagnosed with an Axis I for cannabis abuse. The applicant was psychiatrically cleared for action IAW AR 635-200 Chapter 9 or any other administrative action deemed appropriated by his command. 5. APPLICANT-PROVIDED EVIDENCE: Online application. 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 9 outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general (under honorable conditions) discharge is authorized depending on the applicant's overall record of service. However, an honorable discharge is required if limited use information is used in the discharge process 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 evidence of record indicates that on 22 February 2013, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure in the Substance Abuse Program. The applicant was enrolled in the Army Substance Abuse Program (ASAP) and was aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program. As a result of the applicant's actions and after consultation with the drug and alcohol abuse counselor, the command declared the Soldier a rehabilitation failure. The evidence of record establishes the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to make use of the Post 9/11 G.I. bill and finish his degree in Computer Science, while also being able to keep his family under the same roof he was raised in. However, 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 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): Character reference letter - 1 page 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 21 May 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 AR20170011423 4