1. Applicant's Name: a. Application Date: 3 July 2018 b. Date Received: 6 July 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and to change the narrative reason for discharge. The counsel, on behalf of the applicant, seeks relief contending, in pertinent part and in effect, in the interest of equity and propriety, the discharge should be upgraded and the narrative reason for discharge should be changed to the less stigmatizing "'Secretarial Authority'" narrative. The applicant was suffering from service-connected PTSD as a result of serving in Iraq, and used drugs to self-medicate the symptoms of the untreated PTSD. Thus the discharge was based on testing positive for marijuana. The VA has granted the applicant a service-connected disability rating of 70 percent for PTSD. (The counsel detailed the applicant's enlistment, being an exceptional Soldier and the awards received, the pain and trauma of what the applicant encountered and the resulting PTSD symptoms, and subsequent treatment.) Since discharge, the applicant has successfully managed the behavioral health issues through treatment and has remained abstinent from using drugs and alcohol. The applicant has been employed in commercial driving, which subjects the applicant to random Department of Transportation drug tests. The applicant was recognized as an employee of the month and is currently enrolled in a Biomedical Technology program with a 3.949 GPA and a graduation date of 13 April 2018. The applicant aspires to obtain a Biomedical Engineering degree and now works as a technician with the Pacific Medical Group. The applicant's outstanding post-service conduct and accomplishments are factors toward granting the relief he requests. The current discharge limits and prevents the applicant from achieving full potential. 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 the following diagnoses while on active duty: Adjustment Disorder with Anxiety and Depression, Anxiety Disorder NOS, Unspecified Psychoactive Substance Dependence. Veteran Affairs (VA) records indicate applicant is 80% service connected, 70% for PTSD. Based on the available information, the applicant has a mitigating Behavioral Health condition that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 12 December 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, the circumstances surrounding the discharge (i.e.post- service diagnoses of PTSD), and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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: 4 April 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 April 2008 (2) Basis for Separation: The applicant wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 April 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 April 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 January 2005 / 4 years, 19 weeks b. Age at Enlistment / Education / GT Score: 24 / 13 years / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 2 months, 23 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (period of deployment NIF; however, his CIB award indicates his participation in ground combat operations on 17 September 2006) f. Awards and Decorations: ARCOM; AGCM; NDSM; ICM; ASR; 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 12 February 2008, indicates the specimen collected on 30 January 2008, on an "IR" (Inspection, Random) basis, provided by the applicant, tested positive for "THC." Negative counseling statement for having a positive urinalysis test. FG Article 15, dated 12 March 2008, for wrongfully using marijuana between 1 January 2008 and 30 January 2008. The punishment consisted of a reduction to E-1, forfeiture of $673 pay per month for two months (suspended), 45 days of extra duty and restriction, and an oral reprimand. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 3 March 2008, indicates an "AXIS I" diagnosis of "poly substance abuse, anxiety disorder NOS, adjustment disorder with depression." VA Rating Decision, dated 4 October 2017, shows the applicant was evaluation 70 percent disabling for PTSD. VA letter, dated 5 March 2018, rendered by a readjustment counselor, provides a summary of the applicant's treatment and assessment for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 3 July 2018; attorney-authored brief; DD Form 214; DD Form 215; Employee of the Month certificate; VA Rating Decision, dated 4 October 2017; full-time student enrollment letter, dated 22 September 2017; Academic transcript; separation notification memorandum, dated 1 April 2008; two character reference/support statements; applicant's self-authored statement; No Arrest Record letter, dated 16 February 2018; employment offer letter, dated 5 March 2018; Supplemental Guidance memorandum with attachments, dated 3 September 2014; Clarifying Guidance memorandum with attachments, dated 25 August 2017; NDAA 2018; and NIH Public Access manuscript on Co-occurring Posttraumatic Stress Disorder and Alcohol Use Disorders in Veterans Populations. 6. POST SERVICE ACCOMPLISHMENTS: The counsel brief indicates that the applicant has been employed in commercial driving, which subjects him to random Department of Transportation drug tests; he was recognized as an employee of the month; he is enrolled in a Biomedical Technology program with a 3.949 GPA and a graduation date of 13 April 2018; he aspires to obtain a Biomedical Engineering degree; and currently works as a technician with the Pacific Medical Group. 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. 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, paragraph 14-12c(2), Misconduct (Drug Abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 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 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 contends that behavioral health issues, such as suffering from the untreated symptoms of PTSD, contributed to his discharge from the Army. A careful review of the available record and the applicant's documentary evidence indicates 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. The third party statement provided with the application speak highly of the applicant's performance and character. However, the persons providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. In consideration of the applicant's service accomplishments and quality of his service prior to the incident 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 Army Discharge Review Board is authorized to consider post-service factors in the re- characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant expressed his desire to have better job opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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(2) is "Misconduct (Drug Abuse)," and the separation code is JKK. 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 12 December 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, the circumstances surrounding the discharge (i.e.post-service diagnoses of PTSD), and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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 AR20180010157 1