1. Applicant's Name: a. Application Date: 5 March 2018 b. Date Received: 25 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, her discharge went from patterns of misconduct to drug / alcohol abuse. Her DD Form 214 states she was released because of a drug / alcohol incident but the chapter she was counseled for separation was pattern of misconduct. She fully rehabilitated while completing Prime for Life. She was not afforded the opportunity to show growth and or reform as a Soldier ready to serve from the incident. She feels that her record of seven years was taken into account when processed for discharge. 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 and Depressed Mood; Adult Physical Abuse; Alcohol Dependence; Anxiety Disorder NOS; Depression with Anxiety; Depression; Major Depressive Disorder; Other specified depressive disorders; Other specified anxiety disorders; Panic Disorder with Agoraphobia; Social Phobia. The VA has also diagnosed the applicant with Major Depressive Disorder and PTSD. The applicant is not service-connected from the VA. 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 2 December 2020, 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. in-service diagnosis of OBH), and prior period 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), 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: 15 March 2018 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 31 January 2018 (2) Basis for Separation: The applicant was informed of the following reasons for her discharge; she used cocaine a controlled substance between; (26 October 2017 and 30 October 2017) under the provisions of AR 635-200, Chapter 2-2, 2-4, Characterization of Service, the unit commander considered the following previous misconduct: she operated a motor vehicle with a breath alcohol content of .25 this was above the legal limit (8 September 2017); and she received a summarized article 15 on 18 November 2016, for drunk and disorderly conduct. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 February 2018 (5) Administrative Separation Board: the applicant voluntarily waive consideration of her case by an administrative separation board, to include personal appearance before such board. (6) Separation Decision Date / Characterization: 14 February 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 October 2015 / 3 years b. Age at Enlistment / Education / GT Score: 27 years / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25Q1P, Multichannel Transmission Systems Operator / Maintainer / 6 years, 6 months, 9 days d. Prior Service / Characterizations: RA, 7 September 2011 to 16 September 2014 / HD RA, 17 September 2014 to 1 October 2015 / HD e. Overseas Service / Combat Service: SWA / Afghanistan, 14 March 2017 to 9 September 2017 f. Awards and Decorations: JSCM, AAM, AGCM, NDSM, ACM-CS, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 30 January 2017, for drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces (18 November 2016); extra duty for 14 days. A positive urinalysis test coded IU (Inspection Unit), dated 30 October 2017, for cocaine. Report of Mental Status Evaluation, dated 7 December 2017, relates the applicant had a diagnosis of occupational problems. There was no evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels and these diagnoses did not constitute matters in extenuation that relate to the basis for administrative separation (did not significantly contribute to the reason for separation). She was mentally responsible, could distinguish right from wrong and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. She was psychologically cleared for any administrative action deemed appropriate by the separation authority. FG Article 15, dated 11 December 2017, for wrongful use of cocaine a controlled substance between (26 October 2017 and 30 October 2017); reduction to PV2 / E-2, forfeiture of $896 pay for two months (suspended), extra duty for 45 days and an oral reprimand. The applicant received several negative counseling statements for various acts of misconduct; initial and monthly counseling's. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 25 October 2017, AHLTA records revealed the following diagnoses, Adjustment Disorder (with anxiety and depression) (with disturbance of emotions), Adult Physical Abuse, Alcohol Abuse/Dependence, Anxiety Disorder NOS, Depression, Dysthymic Disorder, Insomnia, Other Specified Family Circumstances, Panic Disorder with Agoraphobia, Partner Relational Problem, Unspecified Psychosocial Circumstance and Social Phobia. She was prescribed several medications for these conditions. Chronological Record of Medical Care, dated 25 October 2017, indicates Other specified problems related to psychosocial circumstances, R/O Anxiety Disorder, unspecified, R/O PTSD, R/O Borderline Personality Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); AMHRR documents including separation documents, certificates of completion / appreciation, Award Citations and a report of mental status evaluation (182 pages); and Medical documents (123 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 her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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 her 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 she should have been retained on Active Duty. The applicant seeks relief contending, her discharge went from patterns of misconduct to drug / alcohol abuse. The record of evidence shows the applicant was discharged by reason of misconduct-drug abuse, for wrongful use of cocaine. The applicant further contends, her DD Form 214 states she was discharged because of a drug / alcohol incident but the chapter she was counseled for separation was a pattern of misconduct; and she was not afforded the opportunity to show growth and or reform as a Soldier ready to serve from the incident. 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 applicant also contends, she fully rehabilitated while completing Prime for Life. The applicant is to be commended for her efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant additionally contends, she feels that her record of seven years was taken into account when processed for discharge. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. 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 2 December 2020, 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. in-service diagnosis of OBH), and prior period 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), 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 AR20180012466 1