1. Applicant's Name: a. Application Date: 4 June 2018 b. Date Received: 7 June 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, was diagnosed with 70 percent disability for PTSD. The applicant was having serious issue with sleeping, stress and suicide attempts in Iraq. The applicant began abusing amphetamines to relieve stress and sleeping disorder. 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 an Adjustment Disorder with Anxiety, Depressed Mood and Alcohol Intoxication. Post-service, the applicant has a service-connected disability rating of 70% for PTSD and Depression. In summary, the applicant had a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 20 February 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of 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: 29 April 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 6 April 2010 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he tested positive for D-amphetamines (15 December 2009); and he was also disrespectful in deportment, disobeyed a lawful order from a noncommissioned officer, and made a false official statement to the Military Police. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF, consulted with legal counsel. (5) Administrative Separation Board: Applicant waived consideration of his case by an administrative separation board, although he was not entitled to a board. (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 July 2007 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 9 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (13 June 2008 - 27 May 2009) f. Awards and Decorations: NDSM, ICM-2CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 22 September 2009, for being disrespectful in deportment toward SGT. S.G., a noncommissioned officer, who was then the execution of his office, by not standing at parade rest while he was speaking to him (applicant) (21 August 2009); having knowledge of a lawful order issued by SGT. S.G., not to drive his privately owned vehicle until properly inspected, an order which it was his duty to obey, did fail to obey the same by wrongfully driving his privately owned vehicle without the proper inspection (21 August 2009); and with intent to deceive, make to the Military Police, an official statement, his car was vandalized in the barracks parking lot or words to that effect, which statement was false in that the damage was done in the vicinity of downtown Austin, Texas, and was then known by him to be so false (6 June 2009); reduction to PFC / E-3, forfeiture of $409 pay for one month (suspended). A Positive urinalysis test coded IU (Inspection Unit), dated 15 December 2009, for DAMP. FG Article 15, dated 4 February 2010, for wrongfully using D-amphetamines between (15 November 2009 and 15 December 2009); reduction to PVT / E-1, forfeiture of $723 pay for one month, extra duty and restriction for 30 days. A negative counseling statement dated, 16 March 2010, being recommended for separation under Chapter 14-12c. Report of Mental Status Evaluation, dated 25 March 2010, an Axis I diagnosis revealed alcohol abuse, adjustment disorder per patient history, last encounter dated 1 May 2009. The applicant did not meet criteria for adjustment disorder diagnosis. He did not meet retention standards prescribed in Chapter 3, AR 40-501, and there was no psychiatric disease or defect which warrants disposition through medical channels. He was screened for mTBI and PTSD and did not meet diagnostic criteria for these disorders. He was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in any administrative (or judicial) action deemed appropriate by command. He was cleared to be administratively separated in accordance with AR 635-200, Chap 14-12c. Of note, the applicant has a history of suicidal gestures involving communicated intentions of suicide while deployed. He was evacuated out of theatre but returned to duty in theatre. i. Lost Time / Mode of Return: None / / of note, the record of evidence shows that the applicant was absent from his unit from 11 August 2007 to 31 March 2008. However, this period is not annotated on the applicant's DD Form 214 block 29, dates of time lost during this period. j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 11 August 2008, relates the applicant was diagnosed with an adjustment disorder, severe with psychotic features. Report of Mental Status Evaluation, dated 11 August 2008, shows an Axis I diagnosis of an adjustment disorder with psychotic features. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); VA service connected disability compensation letter; VA certification letter of Armed Forces service; DD Form 214; discharge orders; medical documents (six pages); and medical documents (36 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. 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. 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. 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, 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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 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, he was diagnosed with 70 percent disability for PTSD. The applicant submitted a VA document that shows he was receiving service connected compensation for an evaluation of 70 percent disabling rating. However, this document did not indicate that PTSD was the condition that the applicant was receiving disability compensation. The applicant further contends, he was having serious issue with sleeping, stress and suicide attempts in Iraq, he began abusing amphetamines to relieve his stress and sleeping disorder. The record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Community Counseling Center and other medical resources available to all Soldiers. 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 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 20 February 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of 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 AR20180009743 1