1. Applicant's Name: a. Application Date: 27 December 2017 b. Date Received: 16 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge. The applicant seeks relief contending, in effect, that during the time of enlistment he endured a near death experience, divorce, loss of his first born son, and brutal ridicule and bullying from his chain of command. He contends he also experimented with cannabis drugs in defense to help ease his problems of mental stressors. He feels he needs help and his discharge change will allow him to go to the VA and get the proper help. He has been hospitalized twice more after being hospitalized on the 11th floor of William Beaumont for depression, schizophrenia (mild), anger issues and suicidal thoughts with no clear resolution to his problems other than he needed a mental evaluation or psychiatric help. The applicant contends that if his discharge was changed to honorable he would have more opportunities to get jobs and be treated through the VA medical services and finally fight some of his mental issues that he is facing. He does not want jobs to look at him as a drug abuser. He was discharged 10 days' shy of two years in the Army and because of those 10 days he could not receive benefits from the VA, no health care for his family, and he could not use his school benefits to better himself with education. He realizes he made a mistake in the Army and regret it fully but he has a family and those 10 days would help out a lot so he could go to school and get a good job to support his children and have health care. He believes his commander at the time was trying to purposefully discharge him before his two years because he didn't get along and he told him several times he wouldn't make it without the Army and now he is borderline homeless and having a really hard time. 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 Adjustment Disorder with disturbance of conduct; Adjustment Disorder unspecified; Cannabis Dependence. The VA has also diagnosed the applicant with Alcohol Abuse, in remission; Cannabis Dependence. The applicant is 50% service connected for PTSD. BH advisor cannot make a decision regarding medical mitigation without more details of his mental medical history. In a records review conducted at Arlington, VA on 18 November 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 11 April 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: for the wrongful use of marijuana between 28 September 2015 and 28 October 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 April 2016 (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 1 April 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 April 2014 / 4 years b. Age at Enlistment / Education / GT Score: 21 / GED / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25U10, Signal Support Systems Specialist / 1 year, 11 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 17 December 2015, for reason unknown. The punishment consisted of reduction to E-1, forfeiture of $778.00 pay per month for two months (suspended), and extra duty for 45 days. Negative counseling's for use of a control substance, lying to a noncommissioned officer, and pending separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 23 February 2016, which indicates the applicant was diagnosed with an Axis I for Problems with Spouse. It was noted that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant met retention requirements of Chapter 3, AR 40-501 and did not warrant disposition through medical channels or medical administrative actions. The applicant did not meet criteria for MEB/PEB or an administrative Chapter 5-13 or 5-17. The applicant was admitted to 11W on 5 January-12 January 2016. The applicant did not was to enroll in Behavioral Health Services per WBAMC policies; the applicant needed to have four weeks of weekly safety checks after an inpatient discharge. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 149; letter to the Department of Veterans Affairs; and DD Form 214 for the period of service under review. 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 his general (under honorable conditions) discharge. The applicant's 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'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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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 a honorable discharge. 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 seeks relief contending that during the time of enlistment he endured a near death experience, divorce, loss of his first born son, and brutal ridicule and bullying from his chain of command. He contends he also experimented with cannabis drugs in defense to help ease his problems of mental stressors. He feels he needs help and his discharge change will allow him to go to the VA and get the proper help. He has been hospitalized twice more after being hospitalized on the 11th floor of William Beaumont for depression, schizophrenia (mild), anger issues and suicidal thoughts with no clear resolution to his problems other than he needed a mental evaluation or psychiatric help. The applicant contends that if his discharge was changed to honorable he would have more opportunities to get jobs and be treated through the VA medical services and finally fight some of his mental issues that he is facing. He does not want jobs to look at him as a drug abuser. He was discharged 10 days' shy of two years in the Army and because of those 10 days he could not receive benefits from the VA, no health care for his family, and he could not use his school benefits to better himself with education. He realizes he made a mistake in the Army and regret it fully but he has a family and those 10 days would help out a lot so he could go to school and get a good job to support his children and have health care. He believes his commander at the time was trying to purposefully discharge him before his two years because he didn't get along and he told him several times he wouldn't make it without the Army and now he is borderline homeless and having a really hard time. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. The record of evidence does not demonstrate that he sought relief from 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. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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 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. Additionally; it should be noted that the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Also, 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 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 November 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: No b. Change Characterization to: No Change 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 AR20180003319 3