1. Applicant's Name: a. Application Date: 16 April 2018 b. Date Received: 23 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions to honorable. The applicant seeks relief contending, in effect, suffered from an undiagnosed, misdiagnosed, or untreated mental health condition, including PTSD and TBI while in the service. The applicant was discharged for reasons related to these conditions. The applicant requests an upgrade to due to disabilities effecting judgement during the time. The applicant was barely 21 years old and suffering from TBI and PTSD. The applicant feels if had not suffered from these injuries, would have never made this purchase. The applicant is 100 percent service connected for PTSD and TBI. The applicant has been unemployable since discharge and struggles to this day. The applicant requested to enroll in the Army Substance Abuse Program but instead was discharged. 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 Depressive Disorder NOS, Alcohol Abuse, PCP-Related Disorder NOS, Anxiety Disorder NOS and Borderline Personality Disorder. VA records indicate the applicant is 70% service-connected for Traumatic Brain Injury and 70% for PTSD. In summary, although the applicant has a BH diagnosis, it is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 6 February 2019, 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 10 March 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 2 February 2009 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she wrongfully imported 25 tablets of Benzylpiperazine, a Schedule I controlled substance into the customs territory of the United States (19 May 2008). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 February 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 February 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 May 2007 / 6 years b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Wheeled Vehicle Mechanic / 3 years, 9 months, 24 days d. Prior Service / Characterizations: RA, 17 May 2005 to 18 May 2007 / HD e. Overseas Service / Combat Service: Germany / Hawaii / SWA / Iraq, 1 September 2006 to 20 November 2007 f. Awards and Decorations: ARCOM, AAM, NDSM, ICM-CS, GWOTSM, ASR, OSR-2, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The record contains a CID Report of Investigation, dated 18 June 2008, that relates the applicant was under investigation for wrongful use of the U.S Postal System and wrongful possession of hallucinogens (Benzylpiperazine). FG Article 15 dated, 2 October 2008, for wrongfully importing 25 tablets of Benzylpiperazine, a Schedule I controlled substance into the customs territory of the United States (19 May 2008); and wrongfully possess 25 tablets of Benzylpiperazine, a Schedule l controlled substance (9 June 2008); reduction to PVT / E-1 (suspended); forfeiture of $673 pay for two months (suspended), extra duty and restriction for 45 days. 21 January 2009, the suspension of punishment of reduction to PVT / E-1 (suspended); forfeiture of $673 pay for two months was vacated for the new offense of without authority, fail to go at the time prescribed to his appointed place of duty (27 October 2008). FG Article 15 dated, 27 January 2009, for without authority, fail to go at the time prescribed to her appointed place of duty (27 October 2008); and she was disrespectful in language toward SSG D., a noncommissioned officer, who was then in the execution of his office, by saying to him, "F this shit," and "F you," or words to that effect (14 November 2008); forfeiture of $673 pay for two months (suspended), extra duty and restriction for 45 days. The applicant received several negative counseling statements for various acts of misconduct and pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 2 December 2008, relates that the applicant was diagnosed with PTSD, she was prescribed Zoloft and Trazadone. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 the characterization of service from general (under honorable conditions to honorable. The applicant's record of service and the issues submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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. By the misconduct (serious offense), the applicant diminished the quality of her service below that an honorable discharge at the time of separation. 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, she suffered from an undiagnosed, misdiagnosed, or untreated mental health condition, including PTSD and TBI while in the service. The record of evidence relates that the applicant was diagnosed with PTSD, she was prescribed Zoloft and Trazadone. The service record contains no evidence of TBI diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends, she was discharged for reasons related to these conditions. The record of evidence shows that the applicant was discharged by reason of wrongfully importing 25 tablets of Benzylpiperazine, a Schedule I controlled substance into the customs territory of the United States. The applicant also contends, she requests an upgrade to due to her disabilities effecting her judgement during the time. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that her disabilities affected her judgement at the time. The applicant additionally contends, she was barely 21 years old and suffering from what she did not know was TBI and PTSD. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Moreover, the applicant contends, she feels had she not suffered from these injuries, she would have never made this purchase. The rationale the applicant provided as the basis for what she believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. Furthermore, the applicant contends, she is 100 percent service connected for PTSD and TBI. 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. The applicant contends, she has been unemployable since her discharge and struggles to this day. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Lastly, the applicant contends, she requested to enroll in the Army Substance Abuse Program but instead she was discharged. 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 6 February 2019, 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 / Issue a New 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 AR20180009331 5