1. Applicant's Name: a. Application Date: 24 May 2017 b. Date Received: 21 September 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, he needs an upgrade of his discharge to assist with obtaining education benefits and he wants to be able to learn a trade or go to school so that he can have a competing chance in this fast paced environment. He was 18 years old when he deployed to Iraq. He was dealing with serious mental health issues and these mental health issues were not treated. He has been out of prison for over three years and successfully completed parole with no violations. 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) there was a nexus between a behavioral health or medical condition and the misconduct, which led to the applicant's separation from the Army. The Applicant's post-service diagnosis of PTSD, Behavioral Health issues and mental status at the time of the misconduct mitigate the offense of substance abuse. In a records review conducted at Arlington, VA on 17 October 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service PTSD diagnosis), 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 21 September 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully use marijuana x2 between (18 May 2008 and 18 June 2008) and (15 September 2008 and 15 October 2008). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 November 2008, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 November 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 January 2007 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 25 years / GED Certificate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11C10, Indirect Fire Infantryman / 1 year, 10 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / SWA / Iraq, 1 July 2007 to 13 October 2007 f. Awards and Decorations: ARCOM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis tests coded RO (Rehabilitation Testing), dated 29 April 2008, for THC. Two positive urinalysis tests coded IU (Inspection Unit), dated 8 May 2008 and 15 October 2008, for THC. Positive urinalysis test coded IR (Inspection Random), dated 18 June 2008, for THC. Report of Mental Status Evaluation, dated 23 September 2008, revealed there was no evidence of a psychiatric condition which would prevent this soldier from participating in any legal or administrative actions. He met the retention requirements of Chapter 3, AR 40-501; and did not meet the criteria for a MEB. There was no evidence of an emotional or mental condition of sufficient severity to warrant disposition through medical channels. He was screened for PTSD and TBI. Any positive symptoms were clinically evaluated, treated when requested or if symptoms are medically significant, did not warrant disposition through medical channels, and did not directly contribute to the factors leading to the separation. He was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 10 July 2008, relates that the applicant had an Axis I diagnosis of cannabis abuse. He showed no signs of a major mental illness and is fully responsible for his behaviors. It was not necessary to delay administrative separation from the military for treatment. VA Letter, Long Beach Healthcare System, dated 25 November 2016, indicates the applicant was diagnosed with PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); a support statement; and a VA Letter, Long Beach Healthcare System. 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 shows the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation), dated 29 April 2008 and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. The record also shows the government introduced into the discharge packet a document that indicates the applicant self-referred to ASAP. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 October 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service PTSD diagnosis), 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 AR20170017772 5