1. Applicant's Name: a. Application Date: 11 September 2017 b. Date Received: 22 September 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, the discharge was based on two incidents over year apart. The applicant was disciplined for failing the drug test for using marijuana. The applicant was disciplined while in service and was denied leave and promotion due to being flagged. The applicant was not offered any treatment program or assistance while in the military. The applicant realizes the severity of the mistake and states while deployed, the mother passed away and the applicant became depressed. The applicant did not receive proper the counseling to help with coping, but states, should have requested help. Instead, the applicant began using marijuana, which became the answer to everything. The applicant now realizes that if the applicant would have let the command know what was going on, the applicant would have received the proper counseling. The applicant states, serving the country was and still is the greatest accomplishment. One of the main reasons for an upgrade, is to allow reenlistment in the Army. Also, an upgrade would allow the use of GI Bill and would allow the applicant to finish school and support four children. 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 Cannabis Abuse, PTSD and Bipolar Disorder with Psychotic Features. VA records indicate the applicant is 70% service- connected for PTSD. The VA has diagnosed the applicant with PTSD and homelessness. In summary, the applicant had a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 17 April 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH) and homelessness. Therefore, 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 23 June 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 May 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 6 June 2007, at the intersection of Prussman and McGrath, he physically controlled a vehicle while impaired by Marijuana causing him to fail to drive in the designated lane; On or about 28 March 2008, he failed to obey a lawful general order by attempting to operate a privately owned vehicle on Fort Carson, Colorado; On or about 2 April 2008, he failed to report to his place of duty; and, Between on or about 20 March 2008 and 20 April 2008, he wrongfully used Marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: undated (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 May 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 January 2007 / 3 years, 10 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92Y10, Unit Supply Specialist / 1 year, 9 months 20 days / The applicant's DD Form 214, reflects errors in block 12a, Date Entered AD This Period; block 12c, Net Active Service This Period; and, Block 12d, Total Prior Active Service. The correct entries should reflect: block 12a: 16 January 2007; block 12c: 1 year, 5 months, 20 days; and, block 12d: 4 months, 13 days. d. Prior Service / Characterizations: RA, 18 January 2006 - 30 May 2006 / UNC e. Overseas Service / Combat Service: SWA / Iraq (24 June 2007 - 11 January 2008) f. Awards and Decorations: NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Blotter report, dated 6 June 2007, reflects the applicant was apprehended for: Driving under the influence of drugs; Traffic - failed to drive in designated lane; Traffic violations, other - careless or reckless driving; and, Displayed expired temporary permit. Confirmed Urinalysis Test Results (memo), dated 10 April 2008; reflects the applicant tested positive for THC (marijuana), during an Inspection Random urinalysis testing, conducted on 20 March 2008. FG Article 15, dated 16 April 2008, for physically controlling a vehicle while impaired by marijuana, as shown by chemical analysis, in a reckless manner by failing to drive in the designated lane (6 June 2008); for failing to obey a lawful general order, by wrongfully attempting to operate a privately owned vehicle on Fort Carson (28 March 2008); and, for failing to go at the time prescribed to his appointed place of duty (2 April 2008). The punishment consisted of a reduction to E-1; forfeiture of $620 pay per month for two months; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 25 April 2008, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's service record reflects he was separated from a previous period of service, because he had been diagnosed on 27 April 2006, with: a brief psychotic disorder r/o bipolar disorder; and with bipolar with psychotic features disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; two DD Forms 293. 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(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. 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 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 his service. The record confirms that 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 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 contends that he was having trouble coping with his mother's death, which affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends he was never offered any treatment, but rather simply discharged. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self- referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 April 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH) and homelessness. Therefore, 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. 10. 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 AR20170016786 1