1. Applicant's Name: a. Application Date: 12 March 2018 b. Date Received: 15 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 effect, that the applicant would like an upgrade of discharge for the purpose of being able to go to college using his GI Bill benefits. The applicant contends that when the applicant was discharged, the applicant was using marijuana for self-medicating. Although the applicant made a mistake, the applicant acknowledged that this was clearly the wrong decision. The applicant looks to do whatever is needed to make it to college using the benefits earned through service. 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, Alcohol Abuse, Anxiety Disorder NOS, Cannabis-Related Disorder, Concussion with no LOC, Depression, PTSD. The applicant is 60% service-connected from the VA. The VA has also diagnosed the applicant with Depressive Disorder. 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 10 June 2020, and by a 5-0 vote, the Board determined the discharge is improper based on the applicant's length of service, to include combat service and combat wounded, the circumstances surrounding the discharge (i.e. in- service and post-service diagnosis of TBI and 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: 20 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 November 2013 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully using Tetrahydrocannabinol (THC) between 27 May 2013 and 26 June 2013 and between 25 June 2013 and 25 July 2013; and Failing to go to his appointed place of duty on 20 February 2013 and 26 February 2013. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 November 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 December 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 July 2010 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12N10, Horizontal Construction Specialist / 3 years, 4 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (30 March 2011 to 15 November 2011) f. Awards and Decorations: ACM-2CS, PH-2, NDSM, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Summarized Record of Proceedings Under Article 15, UCMJ, dated 1 April 2013, for failing to go at the time prescribed to his appointed place of duty on 2 February 2013 and 28 February 2013. The punishment consisted of extra duty for 7 days. Electronic copy of the DD Form 2624, dated 25 July 2013, reflects the applicant tested positive for THC 155 during an Inspection Random (IR) urinalysis testing conducted on 26 June 2013. Electronic copy of the DD Form 2624, dated 26 September 2013, reflects the applicant tested positive for THC 36 during an Inspection Unit (IU) urinalysis testing conducted on 25 July 2013. CID Report, dated 2 October 2013, which indicates the applicant was the subject of investigation for the wrongful use of marijuana. FG Article 15, dated 16 October 2013, for wrongfully using marijuana between 26 May 2013 and 26 June 2013 and between 25 June 2013 and 25 July 2013. The punishment consisted of reduction to E-1, forfeiture of $758.00 pay per month for two months (suspended), extra duty for 30 days, restriction for 45 days, and oral reprimand. Negative counseling statement for acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 31 October 2013, indicates the applicant was diagnosed with Nicotine Dependence, Unspecified cannabis-related disorder. It was noted that the applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant tested positive for Mild Traumatic Brain Injury Screening. His history of m-TBI (concussion), met retention standards; however, he had not followed up with TBI clinic in over a year and should return for re-exam. The applicant was cleared for chapter proceedings from a behavioral health perspective. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Notice of Disagreement to the Department of Veterans Affairs 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 to honorable. 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 an 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 when he was discharged he was using marijuana for self-medicating. Although he made a mistake he acknowledged that this was clearly the wrong decision. He looks to do whatever is needed to make it to college using the benefits he has earned through his service. The applicant's contentions were noted; however, he had many legitimate avenues through which to obtain assistance or relief. Moreover, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. He has provided no evidence that he should not be held responsible for his misconduct. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to go to college using his GI Bill benefits. 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 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 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 10 June 2020, and by a 5-0 vote, the Board determined the discharge is improper based on the applicant's length of service, to include combat service and combat wounded, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of TBI and 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 AR20180006543 1