1. Applicant's Name: a. Application Date: 6 September 2017 b. Date Received: 11 September 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 and to change the narrative reason for her discharge. The applicant seeks relief contending, in pertinent part and in effect, she never received help for her nightmares. So she turned to drugs to cope with the flashbacks. When she failed the urinalysis, she was never referred for treatment for her issues. She was also told not to report a sexual assault while in combat because it would bring negative attention. Despite her nightmares and memory loss, she was deployed nine months later, again. Upon returning from deployment, she played basketball for women to avoid losing credibility. However, in February 2008, she was injured with torn ACL, MCL, and meniscus. She went back into a slump and began drinking and using drugs. After another Soldier took her to see a counselor, her first sergeant and commander got involved-they made it impossible for her to obtain a medical discharge. When she consulted with a case manager representative, she was discharge two weeks later. 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 indicated diagnoses of an Adjustment Disorder and Alcohol Abuse. She was first seen by behavioral health in May 2006 for marital problems and increased drinking upon returning from deployment. She reported irritability, anger, and sadness due to losing 2 close friends while deployed. She was command referred to ASAP in July 2006 due to testing positive for cocaine and amphetamines; however, it is unclear if she completed ASAP treatment prior to second deployment. Memorandum for Commander dated 22 August 2006 indicated SM attended Alcohol and Drug Abuse Prevention Training class on 21-22 August 2006; however, this would not be considered sufficient treatment for a Substance Use Disorder. Medical notes also indicated she was being seen for treatment by an off-post provider prior to second deployment; however, it is uncertain what conditions were being treated. SM had a Mental Status eval dated 20 July 2006 which indicated SM was psychiatrically cleared for separation; however, the reason for eval was not indicated. Evaluation at SRP following deployment in October 2007 indicated SM reported symptoms of depression and stress related to being geographically separated from her husband. She was seen again by behavioral health in June 2008 for testing positive for cocaine. Mental Status Eval dated 13 June 2008 found SM to be psychiatrically cleared. Although it is not a part of the basis of her separations, medical notes indicated SM had a history of violent behavior to include having 5 physical confrontations in one year and having homicidal thoughts with a plan to shoot her 1SG in the face. This was following an incident in which the 1SG accused SM of selling drugs in the barracks. In summary, SMs diagnosis of PTSD and other behavioral health conditions can be associated with alcohol and substance abuse; therefore there is a nexus between SMs misconduct (failed UAs) and behavioral health conditions. VA medical records indicated SM has an 80% service connected rating for PTSD and MDD. A medical note dated 13 August 2010, indicated SM suffered from classic signs of PTSD and Major Depression with flashbacks to war experiences, hyper vigilance, insomnia, nightmares of war experiences and terror, and a severe personality change." Lastly, although AHLTA and VA medical records did not address MST, it is possible that PTSD and depressive/irritability symptoms were in response to both combat stress and the alleged sexual assault. In a records review conducted at Arlington, VA on 18 May 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. MST and in-service and post-service diagnoses of OBH and PTSD) 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 / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 24 December 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 September 2008 (2) Basis for Separation: Applicant was informed she tested positive for cocaine on 21 MAR 06 and 1 APR 08 and tested positive for Methamphetamines on 21 MAR 06. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 September 2008 and 16 October 2008 (5) Administrative Separation Board: NA (The applicant was notified prior to reaching her six years of service.) (6) Separation Decision Date / Characterization: 15 December 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 March 2005 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 89B10, Ammunition Specialist / 6 years, 1 month, 13 days d. Prior Service / Characterizations: RA (12 November 2002 to 3 March 2005) / HD e. Overseas Service / Combat Service: SWA / Iraq (28 December 2004 to 10 December 2005) and (5 September 2006 to 22 October 2007) f. Awards and Decorations: ARCOM-2; AGCM; NDSM; ICM-CS; GWOTSM; ASR; OSR; CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two separate memoranda, dated 11 April 2006, indicate the applicant tested positive for cocaine and D-Amphetamine/D-Methamphetamine, respectively, during an IU testing conducted on 21 March 2006. Alcohol and Drug Abuse Prevention and Control Program (ADAPCM) Enrollment, dated 27 July 2006, indicates the applicant was enrolled by her command. Negative counseling statements for testing positive for cocaine on 1 April 2008, and being recommended for an involuntary separation. Electronic copy of the DD Form 2624, dated 28 April 2008, shows the applicant tested positive for Cocaine during an Inspection, Unit (IU) urinalysis testing conducted on 1 April 2008. Army Substance Abuse Program (ASAP) Enrollment, dated 4 June 2008, indicates the applicant was enrolled by her command due to her positive urinalysis for cocaine. FG Article 15, dated 10 June 2008, for wrongfully using cocaine between 28 March 2008 and 1 April 2008. The punishment consisted of a reduction to E-1, forfeiture of $673 pay per month for two months, and 45 days of extra duty. Memorandum for Record, dated 11 August 2008, rendered by the unit commander, indicates the applicant was not a victim of sexual assault for which an unrestricted report was filed with the 24 months of her separation. Reports of Mental Status Evaluation, dated 13 June 2008, and 31 October 2008, indicate the applicant was psychologically cleared for administrative separation. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence consisting of a treating physician letter, dated 13 August 2010, indicates the applicant "suffered from classic signs of PTSD 309.81 and Major Depression 296.23 with flashbacks to war experiences, hyper vigilance, insomnia, nightmares of war experiences and terror, severe personality change." Report of Medical History, dated 16 June 2008, indicates the applicant has four concussions that occurred in 2004 and 2005. PTSD Checklist and VHA TBI Clinical Reminder and Screening Tool indicate the applicant noted symptoms and issues of PTSD and experiences of TBI. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 6 September 2017; doctor's letter, dated 13 August 2010; character reference statement, dated 21 August 2007; PTSD Program completion certificate, dated 6 May 2014; 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 and to change the narrative reason for her discharge. The applicant's available record of service and the issues 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 service record further reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14- 12c(2), block 26 separation code as "JKK," block 27 reentry code as "4," and block 28, narrative reason for separation as "Misconduct." Therefore and as approved by the separation authority, the following administrative corrections are recommended: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; c. block 27, reentry code to 3; and d. block 28, reason for separation to Misconduct (Serious Offense). 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. The applicant contends she never received help, so she turned to drugs to cope with the flashbacks and her nightmares. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting herself to Army standards by enrolling her in two separate programs during two separate period for her positive urinalyses and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. 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 she was told not to report a sexual assault while in combat; however, a careful review of the record provided no information of said incident and the applicant did not submit any evidence to support her sexual assault contentions. The applicant's contentions regarding her behavioral health issues, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder and traumatic brain injury symptoms existed, and the applicant contends they were contributing factors that led to her misconduct. 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 applicant contends that she was treated unfairly by members of her chain of command; however, she had many legitimate avenues through which to obtain assistance or relief through the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. There is no evidence in the record that she ever sought such assistance. The applicant requests to change the reason for her separation; however, the narrative reason for her separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 character of the applicant's discharge is commensurate with her overall service record. 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 18 May 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. MST and in-service and post-service diagnoses of OBH and PTSD) 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. 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 AR20170017817 2