1. Applicant's Name: a. Application Date: 2 April 2018 b. Date Received: 25 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 at the time of discharge, the applicant was self-medicating with cannabis because of PTSD. The applicant was being medically boarded at the time and the Army should have completed the medical evaluation before discharging the applicant as the applicant was being evaluated for PTSD and TBI. The Department of Veterans Affairs immediately diagnosed and granted PTSD first at 30 percent, second at 50 percent, and now at 70 percent going back to the original effective date. The applicant was a good Soldier and it was PTSD that caused the change. 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 Adjustment Disorder, Anxiety Disorder NOS, and Cannabis Dependence. The applicant is 70% service-connected for PTSD from the VA. The VA has also diagnosed the applicant with Adjustment Disorder, Cannabis Abuse, Stimulant Induced Mood Disorder, and 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 11 September 2019, and by a 3-2 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. 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 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 9 October 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 September 2014 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using marijuana, a schedule I controlled substance between 29 April 2014 and 29 May 2014 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 September 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 19 September 2014 / General (Under Honorable Conditions) It should be noted, the separation authority stated in his decision memorandum that he noted the applicant was not deployed overseas to a contingency operation within the last 24 months but did suffer from service disqualifying Post-Traumatic Stress Disorder (PTSD) BASED ON PRIOR DEPLOYED SERVICE. Having carefully considered the applicant's mental condition, combat service record, and his act of misconduct. He also personally reviewed the completed medical evaluation board proceedings to assess whether the effects of PTSD constituted matters in extenuation that related to the action that was the basis for the separation. Having considered these matters, he found that the applicant's mental condition was not a direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination, that the circumstance in the applicant's case did not warrant processing under the physical disability system, and that the administrative separation proceedings should continue. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 May 2009 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15N10, Avionic Mechanic / 5 years, 5 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (1 September 2011 to 28 August 2012) f. Awards and Decorations: ARCOM, AGCM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 14 July 2014, reflects the applicant tested positive for THC 626 >LOL during an Inspection Random (IR) urinalysis testing conducted on 29 May 2014. Counseling statement reference recommendation separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 31 July 2014, shows that the applicant was diagnosed with an Axis I for Anxiety Disorder NOS. It was noted that he was screened for PTSD and received a positive score of 49 and a also screen positive for Mild Traumatic Brain Injury (mTBI). The applicant was diagnosed with Anxiety Disorder NOS by two different providers and Adjustment Disorder with Anxiety and Depression by a third. The applicant had a history of hospitalization for HI and was maintained on medication and was undergoing a MEB for his condition. At the time the applicant stated he used the marijuana to self-medicate his anxiety and sleep problems. The applicant was referred to TBI by MAJ M. for a full TBI evaluation. The applicant did not meet medical retention standards per AR 40-501 but was cleared for a Chapter 14-12 concurrent with his MEB. Medical Evaluation Board Proceedings, dated 4 September 2014, shows a MEB determined that the applicant suffered from a medically unacceptable other specified trauma and stressor related disorder (specifically PTSD which was not a subset of the greater conditions). The MEB also determined that the applicant did not suffer from a TBI. The Department of Veterans Affairs decision document submitted by the applicant show he has been awarded 70 percent service connected disability for PTSD and cannabis use disorder (previously evaluated as other specified trauma and stressor related disorder with unspecified cannabis related disorder). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; document from Christus St. Frances Cabrini Hospital reference Fetal Movement; medical evaluation board proceedings, dated 4 September 2014; Department of Veterans Affairs decision document, dated 17 January 2018 and 6 February 2018; medical progress notes relating to medical issues; documents from the Social Security Administration relating to retirement, survivors and disability insurance not of award; 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 at the time of his discharge he was self-medicating himself with cannabis because of his PTSD. He contents he was being medical boarded at the time and the Army should have completed his medical evaluation before discharging him as he was being evaluated for PTSD and TBI. The Department of Veterans Affairs immediately diagnosed and granted him PTSD first at 30 percent, second at 50 percent, and now at 70 percent going back to the original effective date. He contends he was a good Soldier and it was PTSD that cause him to change. The applicant's contentions were noted; 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 and the applicant is to be commended. However, Department of Defense disability regulations do not preclude a disciplinary separation while undergoing a medical board. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board and is subsequently processed for an administrative involuntary separation or is referred to a court-martial for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical process is stopped and the board report is filed in the member's medical record. Although the applicant was being medical boarded at the time of discharge the separation authority found that the applicant's mental condition was not a direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination, that the circumstance in the applicant's case did not warrant processing under the physical disability system, and that the administrative separation proceedings should continue. Also the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not change the fact that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 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 11 September 2019, and by a 3-2 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. 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 AR20180009773 1