1. Applicant's Name: a. Application Date: 12 March 2018 b. Date Received: 30 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the discharge was inequitable because it was based on incidents of abusing drugs and alcohol as means of self-medicating due to PTSD. Since the discharge, the applicant has managed to transition into transportation, attend truck driving school, graduated at the top of the class, and now drives a tractor trailer. An upgrade would also allow the applicant to pursue a police officer career. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, notes indicate multiple medical and behavioral health diagnoses. The SM had intermittent behavioral health therapy for since 2005 and regular therapy, to include ASAP, since October 2011. The applicant did screen positive for PTSD, but was psychiatrically cleared. Post service, the SM has a 70% service connected disability rating from the VA (and 40% is for TBI). In summary, the SMs diagnosis can be mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 15 August 2018, 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, a prior period of honorable 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 23 February 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 December 2011 (2) Basis for Separation: On 24 August 2011, the applicant tested positive for cocaine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 December 2011 (5) Administrative Separation Board: Unconditionally waived 28 December 2011 (6) Separation Decision Date / Characterization: 11 January 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 April 2010 / 4 years, 3 months (extended 3 months on 12 May 2011) b. Age at Enlistment / Education / GT Score: 29 (current enlistment) / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-6 / 19D20, D3 Cavalry Scout, and 13D20, Field Artillery Automation Specialist /11 years, 30 days d. Prior Service / Characterizations: RA (21 August 1998 to 29 January 1999) / UNC RA (3 July 2001 to 13 August 2003) / HD (NIF) RA (14 August 2003 (NIF) to 4 March 2007) / HD RA (5 March 2007 to 9 April 2010) / HD e. Overseas Service / Combat Service: Kosovo, Germany, SWA / Kosovo (7 May 2002 to 1 November 2002), Iraq (14 February 2004 to 14 February 2005), (4 September 2006 to 20 November 2007), (15 December 2009 to 1 December 2010) f. Awards and Decorations: ARCOM-3; AAM-4; AGCM-3; NDSM; ICM-4CS; GWOTEM; GWOTSM; NCOPDR; ASR; KSM-BSS; OSR-4; NATO MDL; MUC; VUA-2; CAB g. Performance Ratings: Three NCOERS: 1 November 2009 thru 31 October 2010, Among the Best 1 November 2010 thru 1 June 2011, Among the Best 2 June 2011 thru 4 October 2011, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: An electronic copy of DD Form 2624 (Specimen Custody Document - Drug Testing), dated 3 October 2011, indicates the specimen collected on 24 August 2011, on an "IU" (Inspection, Unit) basis, provided by the applicant, tested positive for cocaine. FG Article 15, dated 17 October 2011, for wrongfully using cocaine between 3 October 2011 and 6 October 2011. The punishment consisted of a reduction to E-5, forfeiture of $1,473 pay per month for two months (suspended), and 45 days of extra duty. Report of Mental Status Evaluation, dated 27 October 2011, indicates the applicant's "AXIS I" diagnosis as "Cocaine Abuse," a positive screening for PTSD, and he was psychiatrically cleared as deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 13 October 2011, indicates the applicant noted behavioral health issues, and the examiner noted a diagnosis of mTBI. Health Record, dated 13 October 2011, shows a diagnosis of chronic PTSD. The applicant's documentary evidence: VA Rating Decision (page 2) shows the applicant was assigned 7 percent for PTSD and 40 percent for TBI. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 12 March 2018, with a self-authored statement; VA Rating Decision; two NCOERs with ending dates 1 June 2011 and 31 October 2010; ERB; two Recommendations for Award (ARCOM-2); two character reference statements; and three honorable discharge certificates, dated 11 April 2010, 4 March 2007, and 13 August 2003. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he has managed to into transportation, attended truck driving school, graduated at the top of his class, and he drives a tractor trailer now. 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, paragraph 14-12c(2), Misconduct (Drug Abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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. The applicant's available record of service, and 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 an 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 his service that ultimately caused his discharge from the Army. 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's contentions regarding self-medicating by abusing drugs and alcohol due to his PTSD, 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 symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The third party statements provided with the application speak highly of the applicant's performance and character. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. The applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends that an upgrade of his discharge will allow him to obtain employment as a police officer. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 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 15 August 2018, 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, a prior period of honorable 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 AR20180005900 5