1. Applicant's Name: a. Application Date: 20 July 2017 b. Date Received: 24 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, she is not perfect but she served honorably during her entire military career, except for the one incident. She has learned from the incident. She takes full responsibility for her lack of judgment and choice, and being influenced by others who were not looking out for her best interest. She applies the Army standards in her life daily and will be a Soldier for life. She plans to start a family. She is proud of her service and looks forward to sharing it with her children. She does not want to be looked down on because of her current discharge for the one error in judgment. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a medical or behavioral health condition that was mitigating for the offenses which led to her separation from the Army. A review of electronic military medical records revealed diagnoses of an Adjustment Disorder, Cocaine Abuse, Alcohol Dependence, Anxiety, and Traumatic Brain Injury. In 2014, SM was started on Adderall for ADHD concerns. Medical note from April 2015 indicated SM reported 2 recent panic attacks and bouts of anxiety since February 2015, with no particular trigger. In May 2015, she reported concern about increased worry and thought the Adderall was contributing to Anxiety. On 31 July 2015, SM was admitted to Madigan after a MVA in which she broke her tibula/fibula. She was first evaluated for TBI in September 2015 and reported a history of 3 mild concussions with the last being from the MVA. SM indicated she was driving home from duty, had an anxiety attack that caused her to black out and drive into a tree. She endorsed fatigue, headaches, irritability, and memory/concentration problems. Medical note indicated it was unclear if there was a loss of consciousness, since I t was not documented in the emergency room notes and there were no witnesses to confirm it. She had several temporary profiles for leg and back injuries, to include one for TBI from 1 March to 30 May 2016. SM was first seen by ASAP on 28 July 2016 and was diagnosed with Cocaine and Alcohol Abuse. She reported drinking all weekend, blacking out, and that she did not recall using Cocaine. Medical note 4 August 2016, SM reported an increase in drinking (1-2 bottles of whisky every weekend) since moving into the barracks in July. At the time of evaluation, she took responsibility for her misconduct and acknowledged poor decision making in her alcohol consumption. SM underwent TBI treatment and psych testing in November 2015 and findings indicated no cognitive impairment and her cognitive functioning was found to be intact. Test results showed SMs overall behavioral health was improving and that despite her childhood diagnosis of ADHD, there was no indication of inattention in current test findings. It was noted that SM appeared to be following the expected recovery course following a TBI and cognitively, she met medical retention standards. At a follow-up testing evaluation in August 2016, SM reported no new cognitive concerns and identified occupation and legal concerns as primary stressors. On the Report of Medical History dated 31 August 2016, SM endorsed nervous trouble, depression or excessive worry, a history of counseling and use of illegal drugs. She reported having a moderate TBI and amnesia from an accident and indicated that she used cocaine once. Mental Status Eval dated 25 August 2016 indicated SM screened negative for PTSD and positive for TBI, but met medical retention standards. She did not have a boardable behavioral health disorder and was psychiatrically cleared for administrative action. In summary, SMs substance abuse is best attributed to a diagnosis of Depression rather than TBI. In the personal appearance, SM reported having negative coping skills, alcohol and substance abuse, for symptoms of depression and anxiety, which impacted her self-care, work performance, and relationships. She continues to receive counseling through the VA and her primary diagnosis is Major Depressive Disorder, which she has a 50% service connected rating for. In a Personal Appearance hearing conducted at Arlington, VA on 21 May 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, post service accomplishments, the circumstances surrounding the discharge (i.e. in- service and post-service diagnosis of TBI and OBH) 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: 6 October 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 September 2016 (2) Basis for Separation: The applicant wrongfully used cocaine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 September 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 September 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 June 2013 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, L3 Chemical Operations Specialist / 3 years, 4 months, 4 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 21 July 2016, reflects the applicant tested positive for cocaine during an IU (Inspection, Unit) urinalysis testing conducted on 11 July 2016. Negative counseling statements from the command for receiving positive urinalysis results; being informed of the initiation of an involuntary separation; and being flagged. FG Article 15, dated 27 July 2016, for wrongfully using cocaine on 11 July 2016. The punishment consisted of a reduction E-2, forfeiture of$878 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 21 August 2016, indicates the applicant and the examiner noted behavioral health issues, including treatment for TBI. Report of Mental Status Evaluation, dated 25 August 2016, shows the applicant had an "AXIS I" diagnoses of "Cocaine Abuse, uncomplicated; F10.20 Alcohol dependence, uncomplicated; F41.9 Anxiety disorder, unspecified," and that the applicant was cleared from a behavioral health perspective for administrative separation according to AR 635-200. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 20 July 2017, and two character reference/supporting statements. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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, paragraph 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 her general (under honorable conditions) discharge to honorable. The applicant's available /record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her 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, 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 marred the quality of her service that ultimately caused her discharge from the Army. 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. In consideration of the applicant's service accomplishments and quality of her service prior to the incident of misconduct, the Board can find that her complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of her characterization of service. The applicant contends the incident that caused her discharge was the only one in her entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. Although the applicant did not present any behavioral health issues, a careful review of the available record indicates the applicant's behavioral health issues symptoms existed. If the Board determines the applicant's behavioral health issues were significant contributing factors to her misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 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 21 May 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, post service accomplishments, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of TBI and OBH) 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. 11. 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 AR20170014593 1