1. Applicant's Name: a. Application Date: 15 November 2017 b. Date Received: 16 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, on 9 May 2011, the unit conducted a 100 percent drug test. Later in May, the applicant failed the drug test, which at the time was a complete surprise, because the applicant never smoked weed, given the applicant joined the Army at 17 years old. The applicant tried to figure out how this was possible and retraced the actions the weekend before the drug test. The applicant later learned that during the weekend of 7 May 2011, while at a fight party, the host made something called a "Space Cake". The applicant was new to the area of Seattle being that the applicant was recently assigned there after returning from a deployment. The applicant states, as someone who came from the south, the applicant had new clue of the extent marijuana and how it was praised in Seattle. The applicant was also drinking that evening so the applicant did not really feel any different than normal. The applicant honestly did not know the feeling of being high, so the applicant would not have known if one was high. The applicant informed the commander of this information, who questioned the applicant as to why the applicant did not tell him before the drug test. The applicant explained to the commander, the applicant honestly had no clue that it even happened until being told about failing the drug test, so there was no way the applicant could tell him. The commander told the applicant to go to Army Substance Abuse Program (ASAP); which the applicant did and finished rather quickly there. The process did not last the long because it was clear by the applicant's low NG that the applicant had taken a small dose and was not a reoccurring thing. At applicant's Article 15 hearing, the person who had the party was there, and also wrote a letter admitting to what happened that night. The commander in charge of the hearing said he was not 100 percent sure the applicant knowingly took marijuana and that was not 100 percent sure the applicant knew, so the Commander was not going to reduce the applicant in rank and the only punishment received was extra duty. The applicant states, the punishment was not normal in the military because once a Soldier tests positive, they normally take everything. After completing extra duty, the applicant was still pending separation from the Army, which caught the applicant by surprise. The applicant was told it was formality thing, and it happened to everyone who had a negative drug test. The applicant was only giving a short notice of pending separation, but still conducted oneself as a professional by helping the unit score very high on their supply room inspection. Before the incident, the applicant was never in any serious trouble while in the military, except for the common waking up late that most young Soldiers go through when they first join. The applicant was promoted really fast, won the Soldier of the month, received a good conduct medal, and was an E-4 promotable during the first four years of service. Since discharge, the applicant has been enrolled at the College of Charleston, pursuing a degree in Computer Science. The applicant did contract work in Afghanistan from 2012 to 2016 and barley receives 50 percent of his Post 9/11 benefits because of a rule of concerning an early reenlistment during the first contract. Though the applicant went to war twice, the applicant is not able to take advantage of the full Post 9/11 GI bill because of one crazy incident. The applicant would have been discharged in June 2009, at the end of the first enlistment, but re-enlisted and was later discharged for a positive drug test. The drug test happened in May 2011, which was after the original period of service would have ended. The applicant did not have any serious discipline problems before March 2011, so the first period of service was honorable. The reason for separation reflects "Drug Abuse". The definition of drug abuse is the habitual taking of addictive or illegal drugs, which nothing about the case or service reflects drug abuse. The applicant's hope is that the service and commitment to the military before and even after discharge is enough that the request will be seriously considered, which will allow the applicant to get the benefits. The applicant gave blood, sweat and tears. 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 Acute PTSD, Adjustment Disorder with mixed emotional features, Cannabis-Related Disorder, Concussion, and Nightmare Disorder. The applicant is 70% service-connected for PTSD from the VA. In summary, the applicant has 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 22 April 2020, 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, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). 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: 14 September 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 August 2011 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 9 April 2011 and on or about 9 May 2011, he wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 August 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 August 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 November 2007 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 5 years, 2 months, 25 days d. Prior Service / Characterizations: RA, 20 June 2006 - 20 November 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (17 November 2007 - 1 April 2008 / 16 December 2009 - 12 December 2010) f. Awards and Decorations: ARCOM-3, AAM-2, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR / The applicant's service record reflects he was awarded a second OSR and the ICM-2CS, however, the additional awards are not reflected on his DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Laboratory Confirmed Biochemical Test Results, dated 26 May 2011, reflects the applicant tested positive for THC 28 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 9 May 2011. FG Article 15, dated 22 June 2011, for wrongfully using marijuana (between 9 April and 9 May 2011). The punishment consisted of a reduction to E-3 (suspended); forfeiture of $975 pay (suspended); extra duty for 45 days; and, restriction for 45 days (suspended). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 26 July 2011, 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. The applicant was diagnosed with: Nightmare Disorder. 5. APPLICANT-PROVIDED EVIDENCE: Online application; case separation packet; DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he is currently enrolled at the College of Charleston, pursuing a degree in Computer Science and had works as a contractor in Afghanistan. 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. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). 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 his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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, 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 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 he unknowingly used marijuana at a party, when someone made a cake that had marijuana in it. He was told he was being processed for separation only as a formality and believes he should not have been discharged. However, 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 his overall service record. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635- 200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that he had good service which included two combat tours. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 22 April 2020, 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, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). 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 AR20180002045 5