1. Applicant's Name: a. Application Date: 4 May 2018 b. Date Received: 11 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, that the unit was biased and discriminated of the applicant's background and just wanted the applicant out. The applicant has counseling statements that don't measure the punishment. Medical treatment documents will confirm that the applicant was rehabilitated and could perform as a Soldier. In a records review conducted at Arlington, VA on 5 December 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 21 April 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 April 2015 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully using marijuana between 19 July 2014 and 20 August 2014 and again between 17 August 2014 and 18 September 2014. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 7 April 2015 (5) Administrative Separation Board: On 7 April 2015, the applicant waived consideration of his case by an administrative separation board (6) Separation Decision Date / Characterization: 14 April 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 April 2012 / 4 years b. Age at Enlistment / Education / GT Score: 19 /HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 2 years, 11 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR, NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 17 July 2013, for failing to go at the time prescribed to his appointed place of duty on 22 April 2013, 6 May 2013 and 6 June 2013, and failing to go from his appointed place of duty on 19 April 2013. The punishment consisted of reduction to E-2, extra duty and restriction for 14 days, and an oral reprimand. FG Article 15, dated 18 August 2014, for being absent from his unit from 23 July 2014 until his return on 25 July 2014 and disobeying a lawful order from CPT J.W., to provide a urine sample for a 100% urinalysis and not leave the holding area, he wrongfully failed to provide a urine sample and left the holding without permission on 30 July 2014, failed to go at the time prescribed to his appointed place of duty x2 on 6 May 2014, and failed to go at the time prescribed to his appointed place of duty on 4 June 2014 and 7 July 2014. The punishment consisted of reduction to E-1, forfeiture of $765.00 pay per month for two months (suspended), extra duty and restriction for 45 days, and an oral reprimand. Electronic copy of the DD Form 2624, dated 10 September 2014, reflects the applicant tested positive for THC 15 during an Inspection Random (IR) urinalysis testing conducted on 20 August 2014. Record of Supplementary Action Under Article 15, UCMJ, show that on 24 September 2014 the vacation of suspension imposed on 18 August 2014 of forfeiture of $765.00 pay per month for two months was vacated. The vacation was based on the applicant having wrongfully used marijuana between 19 July 2014 and 20 August 2014. Army Substance Abuse Program (ASAP) Enrollment, dated 15 January 2015, shows the applicant was referred as a result of failing to provide a sample during a urinalysis and was positive for THC on another. Summary Court-Martial, dated 27 March 2015, for wrongfully using marijuana between 19 July 2014 and 20 August 2014 and again between 17 August 2014 and 18 September 2014. The punishment consisted of forfeiture of $765.00 and confinement for 21 days. ASAP Outpatient Discharge Summary, dated 12 March 2015. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: AWOL 2 days (23 July 2014 to 24 July 2014) / mode of return surrendered; and military confinement 17 days (27 March 2015 to 12 April 2015) as a result of his Summary Court-Martial. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 15 September 2014, shows that the applicant screened positive with a score of 46 for post- traumatic stress disorder. However, it was noted later that further evaluation showed that the applicant did not meet criteria for a PTSD diagnosis. The applicant was cleared from a psychological perspective for administrative processing per AR 635-200. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293. 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. 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 "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). 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 under other than honorable conditions discharge to general (under honorable conditions). 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 unit was biased and discriminated of his background and just wanted him out. He contends that he has counseling statements that don't measure his punishment. Medical treatment documents will confirm that he was rehabilitated and could perform as a Soldier. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his unit was biased and discriminated of his background and just wanted him out. In fact, the applicant's Summary Court-Martial, two Articles 15 and numerous negative counseling statements justify reason for discharge. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 5 December 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20180009806 1