1. Applicant's Name: a. Application Date: 22 June 2018 b. Date Received: 28 June 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 Hurricane Katrina has had a devastating effect on the applicant and continues to suffer. The applicant contends that upon return to the duty station after serving in New Orleans for the Hurricane Katrina Disaster, the applicant began to act out from stress. The applicant began drinking and using drugs heavily. The applicant bottled up the emotions and shut down completely. The applicant did not want to seem as if unable to handle the pressure. The applicant wanted to be able to deal with what the applicant saw and had to go through like the rest of the unit and did not want to be labeled weak. As a result, the applicant suffers from the following; personal detachment, sexual dysfunction, anger problems, alcohol abuse, substance abuse, isolation, depression, anxiety, and homelessness. The applicant is currently at the VA North Texas Health Care System, H-DOM for homeless veterans. The applicant was formally at the San Rayburn Memorial Veterans Center, inpatient domiciliary treatment program in Bonham, Texas; where the applicant was being treated for Mental Disabilities, Homelessness, Depression, Anxiety, and Sustains Abuse. 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 Alcohol Abuse and Nicotine Dependence. The applicant is 50% service-connected; 30% for PTSD from the VA. 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 7 August 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and homelessness. 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: 28 November 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 October 2006 (2) Basis for Separation: The applicant was informed of the following reason: for testing positive for illegal drugs on 3 April 2006 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 October 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 October 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 October 2004 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92M10, Mortuary Affairs Specialist / 2 years, 1 month, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, HSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 4 January 2006, for being found drunk while on duty as a mortuary affairs specialist on 10 November 2005. The punishment consisted of reduction to E-1 (suspended), forfeiture of $323 per month one month, extra duty for 14 days, and restriction for 7 days. Electronic copy of the DD Form 2624, dated 14 April 2006, reflects the applicant tested positive for THC 130 during an Inspection Unit (IU) urinalysis testing conducted on 3 April 2006. FG Article 15, dated 25 April 2006, for wrongfully using marijuana between 3 March 2006 and 3 April 2006. The punishment consisted of reduction to E-1, forfeiture of $636 per month for 2 months, extra duty for 45 days, and restriction for 14 days (suspended). Summary Court-Martial, dated 28 July 2006, for the use of illegal drugs. The punishment consisted of confinement for 30 days and forfeiture of $848.00. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 25 September 2006, which shows the applicant was diagnosed with an Axis I for R/O Cannabis Abuse; F/O Alcohol Abuse. It was noted that the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; medical records; personal records (separation packet); and DD Form 214 for the period of service under review. 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 a 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 his misconduct was the result of having served in New Orleans for the Hurricane Katrina Disaster, he began to act out unknown to his knowledge at the moment, from stress. He began drinking and using drugs heavily. He bottled up all his emotions, and shut down completely. He did not want to seem as if he could not handle the pressure. He wanted to be able to deal with what he saw and had to do thru like the rest of his unit and did not want to be labeled weak. As a result he suffers from the following; personal detachment, sexual dysfunction, anger problems, alcohol abuse, substance abuse, isolation, depression, anxiety, and homelessness. He contends he is currently at the VA North Texas Health Care System, H-DOM for homeless veterans. He was formally at the San Rayburn Memorial Veterans Center, inpatient domiciliary treatment program in Bonham, Texas; where he was being treated for Mental Disabilities, Homelessness, Depression, Anxiety, and Sustains Abuse. The applicant's contentions were noted; however, although the applicant claims he suffers from personal detachment, sexual dysfunction, anger problems, alcohol abuse, substance abuse, isolation, depression, anxiety, and homelessness, the record shows that on 25 September 2006, the applicant underwent a mental status evaluation which indicates he had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. 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. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication at the time of discharge. Also, 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 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 7 August 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and homelessness. 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 AR20180009483 5