1. Applicant's Name: a. Application Date: 20 November 2014 b. Date Received: 10 October 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, the applicant's request for relief is based on equity. (The counsel detailed the statement of facts and arguments.) The counsel contends the applicant took responsibility for the misconduct and realizes the applicant made several mistakes while on active duty. The applicant was only 18 years old and not yet matured to hand the rigors demanded by the Army. The applicant was also dealing with significant mental health issues, which were not known by the applicant's chain of command. Since the applicant's discharge, the applicant was diagnosed with bipolar disease and has received the necessary treatment to live a healthy life. The doctor treating the applicant has provided to the Board that the applicant suffered from bipolar disease that was untreated for many years, a revelation that provides an important insight of the applicant's fragile state while on active duty in 2006. Despite the setbacks, the applicant has been consistently employed since discharge. The applicant is currently a certified clinical phlebotomist. The applicant earned an associate's degree in Arts and a bachelor's of science in business from a university in January 2010, with a 3.37 GPA. The applicant also received a clinical medical assisting certificate from a college in June 2014. These impressive accomplishments are indicative of the applicant's true character. The current discharge has been a significant barrier for the applicant to overcome as the applicant continues to be punished and stigmatized by the separation. The suffering from several mental health issues had a detrimental impact on the applicant's ability to properly serve. Despite this, the applicant has become a valuable member of the community. The diagnoses of depression and anxiety with an undiagnosed bipolar disease are significant mitigating factors for the misconduct as the applicant was silently struggling with mental health issues, which manifested in alcohol and drug use. 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 Mixed Emotional Features and Alcohol Abuse. The applicant does not have a service- connected rating from the VA. Post-service, the applicant has been diagnosed with Anxiety Disorder NOS, ADHD, Partner Relational Problem, and Acute Stress Disorder. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 19 February 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 8 December 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 November 2006 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant wrongfully use cocaine and failed to obey lawful orders on two separate occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 November 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 December 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 November 2005 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 year, 11 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report, dated 13 July 2006, indicates the applicant was the subject of an investigation for wrongful use of cocaine. Counseling statement for initiating an involuntary separation action; admitting to using an illegal substance to CID; violating a policy letter; underage soliciting and consuming alcohol in barracks; CG Article 15, dated 28 June 2006, for disobeying a policy letter by consuming alcohol beverage in the barrack and while under the legal drinking age on 16 June 2006. The punishment consisted of a reduction to E-1, forfeiture of $297 (suspended), and14 days of extra duty and restriction. Record of Supplementary Action Under Article 15, UCMJ, dated 20 July 2006, vacated the suspended punishment of forfeiture of $297 imposed on 28 June 2006, because the applicant disobeyed a policy letter by consuming alcohol, being off-post, and driving a POC on 16 July 2006. FG Article 15, dated 8 August 2006, for disobeying a lawful order by wrongfully consuming alcohol, driving a POC, and being off-post on 12 July 2006. The punishment consisted of forfeiture of $636 pay per month for two months, and 45 days of extra duty and restriction. FG Article 15, dated 24 October 2006, for wrongfully using cocaine between 8 April 2006 and 9 April 2006. The punishment consisted of forfeiture of $636 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Health Record, dated 27 October 2006, cites medical issues, in pertinent part, as an "Adjustment Disorder with Mixed Emotional Features" and "Adjustment Disorder with Disturbance of Emotions and Conduct." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 20 November 2014 (received on 10 October 2018), with counsel-authored brief; enlistment documents; CID Report; memorandum for record, dated 15 June 2006; counseling statement, dated 16 June 2006; Article 15, dated 28 June 2006; CID Report, dated 13 July 2006; counseling statement, dated 17 July 2006; Article 15, dated 8 August 2006; counseling statement, dated 18 September 2006; FLAG, dated 18 September 2006; Article 15, dated 24 October 2006; counseling statement, dated 24 October 2006; Legal Action Request Form; applicant-authored statement; character reference/supporting statement, dated 18 October 2006; separation file; DD Form 214; medical doctor statement, dated 19 September 2013; and Student Program Audit Reports. 6. POST SERVICE ACCOMPLISHMENTS: The counsel on behalf of the applicant states, in effect, that since the applicant's discharge, she has been consistently employed; she is currently employed as a certified clinical phlebotomist; she earned her associates degree in Arts and her bachelors of science in business from a university in January 2010, with a 3.37 GPA; and she also received her clinical medical assisting certificate from a college in June 2014. 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 her general (under honorable conditions) discharge to honorable and to change the narrative reason for her discharge. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms that 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, as a Soldier, had the duty to support and abide by the Army's drug policies. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of her service that ultimately caused her 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 she should have been retained on Active Duty. The applicant contends that she was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant's contentions regarding her behavioral health issues were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to her misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to her misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's post-service accomplishments, the Board can find that her accomplishments were or were not sufficiently mitigating to warrant an upgrade of her characterization of service and to change the narrative reason for her discharge. The applicant requests to change the reason for her 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 19 February 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20180013018 1