1. Applicant's Name: a. Application Date: 23 April 2018 b. Date Received: 10 May 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The counsel on behalf of the applicant seeks relief contending, in pertinent part and in effect, liberal consideration must be provided in finding the applicant's PTSD existed during his service and that it is a mitigating factor in the misconduct that led to his current discharge. (The attorney detailed the applicant's tour, his duties and experiences, in Afghanistan, and his awards.) The applicant "continued to experience significant anxiety, difficulty sleeping, and flashbacks of his experiences" after he returned from Afghanistan." He began to drink heavily to self-medicate, and in one of those instances, he was handed a pill, which he ingested, not knowing that it was MDMA (ecstasy) at a party. He received an Article 15 punishment for the resulting positive urinalysis. That single incident occurred while he was suffering from an undiagnosed PTSD; however, prior to his discharge, he was diagnosed as suffering from insomnia induced by PTSD. He sought help with the VA and he was diagnosed as suffering from significant PTSD. Despite being denied his educational benefits upon enrolling in a community college due to his current discharge, he is currently enrolled in college and works full time. He expects to receive his undergraduate degree in 2018. The applicant's single use of MDMA was an aberrant that he regrets to this very day"-he takes full responsibility for his action. He is deeply remorseful and distressed by the blemish on his otherwise spotless military record and on his life. The isolated incident does not fairly represent who he was while serving his country. He consistently received high ratings in his performance evaluations. He was a reliable and high-functioning model Soldier. 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) there was a nexus between a behavioral health or medical condition and the misconduct, which led to the applicant's separation from the Army. The Applicant's diagnosis of PTSD and mental status at the time of the misconduct mitigate the offense. In a records review conducted at Arlington, VA on 10 October 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, and the circumstances surrounding the discharge (i.e. service-connected PTSD diagnosis). 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), and the separation code to JKN. (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-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 March 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 February 2013 (2) Basis for Separation: The applicant wrongfully used MDMA (Ecstasy) between 21 September 2012 and 24 September 2012. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 February 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 February 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 August 2010 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11C10, Indirect Fire Infantryman / 2 years, 7 months, 9 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Alaska, SWA / Afghanistan (22 April 2011 to 5 April 2012) f. Awards and Decorations: ARCOM; NDSM; ACM-2CS; GWOTSM; ASR; OSR; NATO MDL; CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An Electronic Copy of the DD Form 2624 (Specimen Custody Document - Drug Testing), dated 22 October 2012, indicates the specimen collected on 24 September 2012, on an "IR" (Inspection, Random) basis, provided by the applicant, tested positive for MDMA. Negative counseling statements for having a positive urinalysis and being command- referred into ASAP. CID Report, dated 19 November 2012, indicates the applicant was the subject of an investigation for wrongful use of hallucinogens and wrongful use of MDMA. FG Article 15, dated 3 January 2013, for wrongfully using MDMA between 21 September 2012 and 24 September 2012. The punishment consisted of a reduction to E-1, forfeiture of $745 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 24 January 2013, indicates an "AXIS I" diagnosis of "372.02 Insomnia related to PTSD." The applicant's documentary evidence: medical progress notes, dated 13 July 2016, notes behavioral health issues with an initial diagnosis of PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 23 April 2018, with attorney-authored cover letter; attorney-authored brief with listed exhibits attached; DD Form 214; applicant's declaration, dated 23 April 2018; two certificates of training; CIB Permanent Orders; ARCOM; Article 15; three counseling statements; CID Report; Specimen Custody Document-Drug Testing; Rights Warning Procedure/Waiver Certificate with its associated documents (continued CID Report packet); ERB; FLAG action; applicant- authored rebuttal statement, dated 2 February 2013; Report of Mental Status Evaluation; separation decision memoranda; medical Progress Notes, dated 13 July 2016; declaration of Mr. X., dated 30 April 2018; SecDef Memorandum, dated 3 September 2014, with attachments and memorandum, dated 24 February 2016; Kurta Memorandum, dated 25 August 2017, with attachments; and NH Public Access Author Manuscript, dated 1 September 2012 (27 pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is currently enrolled in college and works full time, and expects to receive his undergraduate degree in 2018. 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 and to change the narrative reason for his discharge. 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 a Soldier, had the duty to support and abide by the Army's drug policies. By the incident of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The applicant contends his misconduct was the result of the symptoms of his PTSD. A careful review of his contentions, the available record, and the applicant's documentary evidence indicate 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. In consideration of 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 and to change the narrative reason for his discharge. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 10 October 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, and the circumstances surrounding the discharge (i.e. service-connected PTSD diagnosis). 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), and the separation code to JKN. 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 / 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 AR20180009430 1