1. Applicant's Name: a. Application Date: 19 May 2018 b. Date Received: 21 May 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, had served honorably for five years, over the normal contract requirement, even though the initial contract was for six years. The applicant believes the offense should not have been enough to cause the discharge, when considering the service record and conditions the applicant was under during at the time. The applicant was an excellent Soldier and the Enlisted Record Brief alone reflects good excellent service. The applicant never had any prior military issues, but was punished under Article 15, UCMJ and went through and completed Army Substance Abuse Program (ASAP) counseling, all for a violation the applicant did not knowingly commit. The applicant failed a urinalysis for marijuana, one time, with a nanogram level of 32, which is considerably low, well under thresh hold for a normal marijuana user. The applicant tried to explain how one was exposed to marijuana smoke and edibles, due to hanging out in the wrong places, under heavy alcohol. The applicant had returned from a deployment and was going through divorce and losing the children. The applicant's stress level was at an all-time high, and it caused the applicant to end up in places and crowds that the applicant naturally would not have been involved with. The applicant did not knowingly partake in any illegal drug us and it made no sense to do so, because the ETS date was only 14 months away. There was no point to risk a spotless record for something like drug use. The applicant was discharged on November 2018, when the enlistment was completed in October 2018, so it was not worth the risk for the applicant to do anything of that nature. The applicant had served out the proper punishment, and still was discharged. The applicant had appealed for an Article 15, which was never considered and was still required to serve the punishment and Army substance abuse counseling. The applicant finished the counseling with no negative urinalysis, yet the applicant was still chaptered out of the military with a general discharge, which denies access to certain military and VA benefits. The applicant believes this is completely unfair, because the applicant had served in a perfect fashion. The applicant was a leader, bright, exemplified the true making of discipline and what it meant to be a Soldier in the United States Army. The applicant only had to serve a term of three years to be eligible for all benefits, which the applicant believes should qualify for exceeding a term of honorable service. The applicant believes the five years of service, qualifies the applicant for an upgrade and allow the applicant to utilize all entitled benefits for outstanding service provided to the U.S. military. The applicant sincerely hopes a proper decision can be made in this case. The applicant knows Sergeant Majors who had Driving Under the Influence charges, drug charges that are still in the military doing great things for the nation. The applicant always believed the military to be a place of growth and development and if there is a good Soldier, with outstanding potential, one should guide and mentor them, not throw to them to the curb. It is baffling to the applicant to have gone through all the punishment and counseling and still be discharged. The applicant states, in an organization where they are supposed to protect their own and harness the brotherhood of Soldiers to guide them to better and higher positions, the applicant was wronged by being discharged. The applicant should be allowed to rejoin should the applicant so chooses, and that the applicant had definitely served the nation honorably, which is the basis for why the applicant requests an upgrade. 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 Stress Reaction, Adjustment Disorder, Alcohol Abuse, Alcohol Dependence, and Cannabis Dependence. The applicant is 50% service-connected from the VA. The VA has also diagnosed the applicant with PTSD. 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 5 December 2019, 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.in- service and post-service diagnoses of PTSD and OBH). 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: 2 November 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 September 2017 (2) Basis for Separation: The applicant was informed of the following reasons: between on or about 4 April 2017, and on or about 4 May 2017, he used Marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 September 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 October 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 October 2012 / 6 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68E10, Dental Specialist / 5 years, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (30 June 2015 - 20 March 2016) f. Awards and Decorations: ACM-CS, AAM, AGCM, NDSM, GWOTSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 22 May 2017, reflects the applicant tested positive for THC 32 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 4 May 2017. FG Article 15, dated 17 August 2017, for wrongfully using marijuana (between 4 April and 4 May 2017). The punishment consisted of a reduction to E-2; forfeiture of $896 pay per month for two months (suspended); extra duty for 45 days; restriction for 45 days (suspended); and, oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 July 2017, 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: Cannabis Use Disorder, Moderate and Alcohol Use Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Enlisted Record Brief; five letters of support; electronic DD Form 2624; Commander's Positive Notification Sheet. 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 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 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 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 that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends he was suffering from stress, which affected his behavior and led to his 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 reflects that on 12 July 2017, the applicant underwent a mental status evaluation which indicates he was mentally responsible and was able to recognize right from wrong. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends he was not afforded the opportunity to overcome his misconduct and had already served his punishment when he was 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 that he had good service which included a combat tour. 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 expressed a desire to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct while in the Army; 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. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 5 December 2019, 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.in-service and post-service diagnoses of PTSD and OBH). 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 AR20180008863 1