1. Applicant's Name: a. Application Date: 12 December 2017 b. Date Received: 18 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, joined the Army in 2009 as a Truck driver and in 2010 the unit deployed to Afghanistan. The unit did over 100 convoy operations across the north region to support their units with supplies. During the deployment, the applicant went into depression after witnessing someone being shot while on mission. As a result, the applicant had to see behavior health the entire deployment due to depression and being placed on medication. The applicant states that after the tour, was transferred to Texas and a year later was deployed to Afghanistan for a second time. During the deployment, the FOB was hit with mortars and rockets almost every day. The applicant would have to jump up out of sleep to run to bunkers for cover almost every time. The loud bangs and explosions left the applicant with ringing in the ears and also caused the applicant to be jumpy every time a loud sound occurred. During the deployment, the applicant was still on regular medication for depression and anxiety. The applicant states after serving six months in Afghanistan, was returned to Texas, where the unit changed the applicant's job to supply. The applicant was then transferred to another unit and took over as the Supply Sergeant. The supply room was in complete disarray and the applicant would spend long days and nights trying to bring the supply room up to standards, but the work was never ending. The Company Commander at the time did not make it any better and was emotionally and mentally abusive towards the applicant and some coworkers. The applicant did not have any time to take care of one's mental well-being and was unable to see the psychiatrist for almost a month to get medication refilled. The applicant was without medication for almost two months. Due to field problems and the deadline to turn-in equipment, the applicant was entirely too busy to take care of oneself because the applicant put the job before health. The applicant states it reached a point of no return and could not take it anymore. The applicant became mentally drained and decided to self-medicate. The applicant was at a breaking point, became deeply depressed and it was not until becoming suicidal and ended up in a psych ward the second time did that they change the medication. After a month, the medication was changed again because it did not do the applicant any good and it only made the applicant irritable , moody, and depressed. The applicant was placed back on the regular medication, which gave better results. The applicant then sought treatment for self-medication and went to a treatment facility for 30 days and enrolled in Alcohol Substance Abuse Program before discharge. The applicant did what needed to be done in order try to get back on track. The applicant was in the medical board process, but they decided to discharge instead of going through the medical board for PTSD and depression. While in the military, the applicant achieved the rank of Sergeant and was promotable. The applicant was awaiting attendance at the Advance Leadership Course and was on the verge of doing great things for the Army. The applicant regrets these decisions and wishes to have sought help before the downfall. The applicant states that mental health is not fun and has to be on medication because if not, it has negative effects, and the applicant had to learn that the hard way. The applicant let seven years and eleven months of hard work go right down the drain. The applicant's Other Than Honorable discharge does not help in the civilian world because no one knows what the applicant has been through. The applicant requests that the Board not base the characterization of service on the one misconduct, but on the overall work ethic, conduct and service to the country. The applicant states no intent to harm anyone, but oneself, and now the applicant is living with the consequences. 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 indicated diagnoses of an Adjustment Disorder, Alcohol Abuse, Marijuana Abuse, Major Depressive Disorder, and PTSD. Behavioral Health (BH) treatment entailed outpatient therapy, medication management, and 4 inpatient hospitalizations in 2016. The applicant was undergoing a Medical Evaluation Board for PTSD at the time of administrative discharge. The applicant's PTSD stemmed from childhood sexual abuse (between the ages 5-3) and deployment experiences (saw a fellow SM shot). Post- service, the applicant has a 90% service-connected disability rating from the Veteran Affairs for PTSD. In summary, the applicant's BH conditions are considered only partially mitigating for the offenses which led to separation from the Army. In a records review conducted at Arlington, VA on 7 December 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. severe family matters and in-service and post-service diagnosis of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 11 January 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 14 December 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 February 2013 / 3 years / On 1 May 2014, the applicant extended her enlistment by 10 months, giving her a new ETS of 20 December 2016. The record is void of any document to retain her on Active duty past her ETS. b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 7 years, 11 months, 15 days d. Prior Service / Characterizations: RA, 27 January 2009 - 20 February 2013 / HD e. Overseas Service / Combat Service: Okinawa, SWA / Afghanistan (26 February 2011 - 29 January 2012 / 5 July 2013 - 14 December 2013) f. Awards and Decorations: ACM-2CS, ARCOM-2, AAM-3, AGCM-2, NDSM, GWOTSM, NCOPDR, ASR, OSR, NATOMDL g. Performance Ratings: 1 January 2014 - 10 November 2014 / Fully Capable 11 November 2014 - 10 November 2015 / Fully Capable 11 November 2015 - 11 March 2016 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 3 February 2016, reflects the applicant tested positive for THC 38 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 7 January 2016. FG Article 15, dated 11 March 2016, for wrongfully using marijuana (between 8 December 2015 and 7 January 2016). The punishment consisted of a reduction to E-4; forfeiture of $1,241 pay; extra duty for 45 days; and oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Medical Evaluation Board Proceedings, dated 5 August 2016, reflects the applicant was diagnosed with: PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; a self-authored statement; a third party statement; five award certificates; and, a copy of her Unit Supply Specialist Diploma. 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. 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 under other than honorable conditions discharge to honorable. The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The applicant, as a NCO, 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. The applicant's record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of Under Other Than Honorable Conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant contends that she was suffering from PTSD, which affected her behavior and lead to her discharge. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 14 December 2016, the separation authority reviewed the results of the applicant's Medical Review Board and her Administrative Separation Board recommendations and determined that the applicant's medical and mental condition were not a direct or substantial contributing cause of the conduct displayed. The applicant contends that she had good service which included two combat tours. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. The third party statement provided with the application spoke highly of the applicant's performance. The author recognized her good performance while in the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant contends that an upgrade of her discharge will allow her to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 7 December 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. severe family matters and in-service and post-service diagnosis of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions c. Change Reason to: No Change d. Change Authority to: No Change 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 AR20180000827 1