1. Applicant's Name: a. Application Date: 4 November 2017 b. Date Received: 22 December 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 and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, made a terrible mistake and it was the first offense. The applicant was just returning from a combat environment, was suffering from PSTD and terrible seizures at the time. The applicant made a huge mistake by surrounding oneself with the wrong friends and trying to self-medicate because of the problems. The applicant was having family problems, was in a very bad financial situation and was not receiving treatment for mental health at the time. The applicant would like to serve the community and county by becoming a police officer. The applicant was dealing with PTSD and should have sought help at the time. A prior records review was conducted on 4 September 2013, the ADRB voted to upgrade the applicant's characterization of service from under other than honorable conditions to general (under honorable conditions). 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 an Adjustment Disorder with Anxiety and Depressed Mood, Anxiety Disorder, Depression, Insomnia, Epilepsy and Seizure Disorder Generalized Convulsive. Post-service, the applicant has a service-connected disability rating of 80% for PTSD and Major Depressive Disorder. In summary, the applicant had a BH diagnosis that was mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 30 January 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post- service diagnosis of PTSD), and a prior period of honorable service. 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 135-178, paragraph 11-1a, and the narrative reason for separation to Misconduct (Minor Infractions). (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Abuse of Illegal Drugs) / AR 135-178, Paragraph 12-1d / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 19 March 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 1 October 2012 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; abuse of illegal drugs. (3) Recommended Characterization: The applicant's chain of command recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: The record does not contain the applicant's completed election of rights and government regularity is presumed in the discharge process. On 1 October 2012, the commander (COL, LG Acting Commander) suspended the separation action for 30 days to afford the applicant the opportunity to consult with legal counsel and exercise his legal rights. The applicant had to respond within 30 calendar days after receipt of the notification memorandum, unless he requested and received an extension. Failure to respond within 30 calendar days of the date of his receipt of this memorandum would constitute a waiver of his rights. The record of evidence shows that the applicant did not respond within the time frame allocated. (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 19 February 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 January 2008 / 8 years / 21 June 2011, transferred to the Reserve to complete military service obligation on 29 January 2016. b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 5 years, 1 month, d. Prior Service / Characterizations: USAR, 30 January 2008 to 20 February 2008 / NA IADT, 21 February 2008 to 15 August 2008 / HD USAR, 16 August 2008 to 16 November 2009 / NA AD, 17 November 2009 to 20 June 2011 / HD e. Overseas Service / Combat Service: SWA / Afghanistan, 11 January 2010 to 1 July 2010 f. Awards and Decorations: NDSM, ACM-CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IR (Inspection Random), for THC. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant submitted a VA consult request dated, 12 December 2011, which relates that the applicant had an Axis I diagnosis of PTSD and was prescribed medications. 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages) and VA consult request (seven pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 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, and convictions by civil authorities. 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. The narrative reason for enlisted Soldiers who are discharged under the provisions of Army Regulation 135-178, Chapter 12, paragraph 12-1d is misconduct (abuse of illegal drugs). 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 and a change to the narrative reason for separation. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army Reserve's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army Reserve, and was prejudicial to good order and discipline. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. 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 diminished the quality of his service below that meriting an honorable or a general discharge at the time of separation. 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 in the Reserve. The applicant requests a change to the narrative reason for separation. The narrative reason for enlisted Soldiers who are discharged under the provisions of Army Regulation 135-178, Chapter 12, paragraph 12-1d is misconduct (abuse of illegal drugs). The applicant seeks relief contending, he made a terrible mistake and but it was his first offense. 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 of service. The applicant further contends, he was just returning from a combat environment and was suffering from PSTD and terrible seizures at the time. The applicant submitted a VA medical document, which relates that the applicant had an Axis I diagnosis of PTSD and was prescribed medications. The applicant also contends, he made a huge mistake of surrounding myself with the wrong friends and trying to self-medicate because of the problems he was experiencing. 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 additionally contends, he was having family problems and was in a very bad financial situation and was not receiving treatment for mental health at the time; and he was dealing with PTSD and should have sought help at the time. The record of evidence does not demonstrate that he sought relief through his command or 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. Furthermore, the applicant contends, he would like to serve his community and county by becoming a police officer. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 30 January 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and a prior period of honorable service. 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 135-178, paragraph 11-1a, and the narrative reason for separation to Misconduct (Minor Infractions). 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 135-178, paragraph 11-1a 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 AR20170019501 1