1. Applicant's Name: a. Application Date: 26 March 2018 b. Date Received: 4 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, his discharge was inequitable because it was based on an isolated incident during 42 months of Army Service, 15 months of Air National Guard and 94 months of Air Force Service. He used synthetic marijuana to cope with the loss of four fellow Soldier; which resulted in PTSD and survivor's guilt. 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 with anxiety/ with anxiety and depressed mood. The VA has also diagnosed the applicant with PTSD. The applicant is 100% service connected, 70% for combat-related 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 18 November 2021, 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, the circumstances surrounding the discharge (PTSD diagnosis), and prior periods of honorable service. 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), and the separation code to JKN with am RE code of 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 August 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 30 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully possessed synthetic cannabinoids (pentaonic and butaonoic) (17 May 2011); he wrongfully used synthetic cannabinoids (pentaonic and butaonoic) between (3 May 2011 and 17 May 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 March 2012, the applicant requested consideration of his case by an administration separation board. (5) Administrative Separation Board: 18 July 2012, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service or description of separation no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 24 July 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 February 2009 / 3 years, 14 weeks b. Age at Enlistment / Education / GT Score: 26 years / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-5 / 88M10, Motor Transport Operator / 12 years, 2 months, 16 days d. Prior Service / Characterizations: USAF, 14 June 2000 to 25 October 2007 / HD Break in Service AFANGUS, 17 May 2008 to 22 October 2008 /HD Other prior service not in the file e. Overseas Service / Combat Service: Italy / Germany / SWA / Afghanistan, 14 November 2009 to 25 October 2010 f. Awards and Decorations: NDSM, ACM-2CS, GWOTEM, GWOTSM, AFRM -"M" DEV, NOPDR, ASR, OSR-2, NATO MDL, CAB, AFGCM, AFSER-GF, AFTNGRBN, AFOSTR, AFMER, MUC g. Performance Ratings: 17 February 2009 to 16 February 2010, Fully Capable 17 February 2011 to 5 October 2011, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 27 June 2010, for knowing of his duties at or near Forward Operating Base Shank, Afghanistan, was derelict in the performance of those duties in that he negligently failed to ensure that SPC A.W., followed the proper weapons clearing procedures which resulted in a negligent discharge, as it was his duty to do (23 May 2010); reduction to SPC / E-4 and extra duty for 45 days (both suspended) and forfeiture of $1,146 pay for one month. CID Report of Investigation, dated 23 August 2011, relates the applicant was the subject of an investigation for wrongful possession and wrongful use of spice. FG Article 15, dated 5 October 2011, for wrongful possession of synthetic cannabinoids (pentaonic and butaonoic) (17 May 2011); and wrongful use of synthetic cannabinoids (pentaonic and butaonoic) between (3 May 2011 and 17 May 2011); reduction to SPC / E-4, forfeiture of $1,162 pay for two months (suspended), extra duty and restriction for 45 days. The applicant received a negative counseling statement for violating the barracks policy, possession of an illegal substance and failing to clear his Soldier's weapon thereby causing a negligent discharge. Of note, the record of evidence contains two urinalysis test coded CO, dated 17 May 2011 and 23 May 2011. However, neither test belongs to the applicant. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Air Force-ANGUS DD Form 214; Air Force DD Form 214; and current DD Form 214. 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 an NCO. The applicant, as an NCO, 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, his discharge was inequitable because it was based on an isolated incident during 42 months of Army Service, 15 months of Air National Guard and 94 months of Air Force Service. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant further contends, he used synthetic marijuana to cope with the loss of four fellow Soldier; which resulted in PTSD and survivor's guilt. 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. Also, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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 18 November 2021, 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, the circumstances surrounding the discharge (PTSD diagnosis), and prior periods of honorable service. 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), and the separation code to JKN and RE code of 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 AR20180011039 1