1. Applicant's Name: a. Application Date: 4 September 2018 b. Date Received: 10 September 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, was diagnosed with PTSD caused by acts of war and at the time, there was no cure for PTSD. During a deployment to Afghanistan, a urinalysis came up positive for THC. The deployment of OEF VII, was known for being one of the hardest deployments the unit had ever done. The applicant started learning much of the customs of the local people as they lived so close together and even washed their clothes in the same rivers. The applicant started spending time with the ANA and began to realize they were not much different from the unit. The applicant liked spending time with them, which also meant cooked food. They shared cigarettes and even tobacco dip, which the applicant did not think anything of at the time. While in Afghanistan, the applicant was required to support different units. The first patrol with one platoon, detained a local of the Korengal valley. The platoon had to walk down the valley road, to a small village and then walk back up the mountain to the outpost. They came under heavy machine gun and RPG fire, which lasted about 10-15 minutes. An RPG landed on the mountain wall behind the applicant and caused the applicant to lose hearing in the left ear and gave the applicant a headache. A couple of ANA and an American Soldiers took machine gun bullet wounds and the applicant performed medic duties. Later, a Humvee from Delta Company rolled off a small cliff into some mud and a sergeant was smashed into the mud from the Humvee. The applicant helped bring the Soldier up and began assessing whether the Soldier's airway was clear. The applicant tried to get an IV in, but every time the vein would collapse. Instead, the applicant tried placing an IV directly into the sternum and applied pressure, but the angle was off and it did not go in quite right. The applicant learned that the sergeant died in route to the base. It was the applicant's first American Soldier casualty and took it so hard, the applicant could not sleep for several days. The applicant began having panic attacks that became normal behavior while in the field. The applicant was attached to Delta 4 platoon and had a hard time integrating. The applicant began to feel isolated as survivor guilt and a sense of not being wanted started to set in. The applicant began spending even more time with the locals and ANA. Combat patrols and ambushes were a daily occurrences and as snow and road conditions became iced, the applicant began drinking hot tea and eating in the morning with the locals and ANA. It was there where the applicant started smoking hash cigarettes and shared with the locals. The applicant did it often and it became almost a part of a routine. The applicant was out in the field so long that all of this began to seem normal. The applicant states there no excuse for what had occurred, but was in a state of survival and saw it to be no worse than the death and destruction that was surrounding the applicant. Eventually, the applicant went on leave and upon returning, learned that the unit had been extended an additional four months. The applicant was also going to be attached to 3rd platoon Alpha and began experiencing combat patrols and ambushes almost every day. The applicant began dipping something called Narswar, which seemed to be a mix of what tobacco and hash. The applicant went with the platoon to refit at a FOB, took a urinalysis test, and was informed two months later that the urinalysis tested positive for THC. The applicant became homicidal and suicidal from being so overworked and adapting to a place where death and dying became the norm. The applicant requested to go home and did not want to be there anymore. The applicant received a counseling statement and was notified to spend the remainder of the deployment in the field with Alpha 2nd platoon. The applicant completed all missions asked while deployed and never complained to a superior. The applicant was used on any and every combat patrol where having another body with a gun was useful and hardly slept for over a year. The applicant received very little guidance, which required making up the job as time went along. The applicant had little to no continuing training or education with the unit. Several times the applicant had to run out in front of enemy fire to move an injured Soldier or give them medical aid. The applicant risked life for the country more times than the applicant cares to remember. Upon redeployment, the applicant was given the choice of having a medical discharge or taking a general discharge. The applicant decided do whichever was faster and told the Battalion Commander that if the applicant did not get out as soon as possible, the applicant was planning on committing suicide. The applicant spent time in the Army Substance Abuse Program and checked into the VA Psychiatric Ward in Syracuse New York and later was placed on suicide watch. The applicant was on multiple psychiatric medications and was already diagnosed with Post Traumatic Stress Disorder (PTSD). The applicant states, there is no way to take back the coping mechanisms for the traumas, but was overworked and was experiencing mental and behavioral disorders. The applicant hopes the Board will base its decision to upgrade the discharge on the applicant's selfless service and willingness to bring brothers and sisters in arms home safely; even if that meant risking life and sanity to do so. The applicant felt at home in the Army believes there may been a career of it. Since discharge, the applicant became ill with cancer and was in and out of the Psychiatric Ward at Tripler Army Medical Center. The applicant is now 100 percent disabled for PTSD and is part of the Vocational Rehabilitation program. The applicant will be completing a Master's Degree in Oriental Medicine in 2019. The applicant has founded many organizations including the Veterans Organization, which helps guide veterans through long term planning for education and how to best to use their benefits. The applicant was the president of several clubs including honor society, botany and singing clubs. The applicant is now in acupuncture school and is the Vice President of the Hawaii Acupuncture Association. The applicant is not a bad person, but as a young inexperienced Soldier make some bad decisions. 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 Behavioral Health diagnoses: Anxiety Disorder NOS. Post-service, the VA has diagnosed the applicant with PTSD Chronic, Major Depressive Disorder Recurrent, Alcohol Dependence, and Marijuana Dependence. The applicant is 100% service-connected for PTSD through the VA. In summary, the medical and behavioral health diagnoses are partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 9 January 2019 2018, and by a 3-2 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 diagnosis 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 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 10 December 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 November 2007 (2) Basis for Separation: The applicant was informed of the following reasons: On 16 August 2007, he received a Field Grade Article 15, for the wrongful use of marijuana, in a combat environment while receiving special pay under 37 U.S.C. § 310. Then on 31 October 2007, he received a Field Grade Article 15 for the wrongful use of marijuana and the wrongful use of cocaine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 November 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 July 2005 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 2 years, 5 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (6 March 2006 - 15 June 2007) f. Awards and Decorations: ARCOM, NDSM, ACM, ASR, OSR, NATOMDL, CMB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 16 August 2007, for wrongfully using marijuana, while deployed to Afghanistan (between 18 March and 16 April 2007). The punishment consisted of a reduction to E-1; forfeiture of $650 pay per month for two months; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 11 October 2007, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. FG Article 15, dated 22 October 2007, for wrongfully using marijuana and cocaine (between 7 August and 6 September 2007). The punishment consisted of: forfeiture of $650 pay per month for two months; and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 16 July 2007, reflects the applicant was diagnosed with PTSD. The applicant provided a copy of his VA disability rating decision, dated 10 May 2013, which reflects the applicant was rated 100 percent disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; self-authored statement; eight character statements; VA rating decision; awards certificates; and medical treatment records. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he will be completing his Master's Degree in Oriental Medicine in 2019. The applicant has founded many organizations including the Veterans Organization, which helps guide veterans through long term planning for education and how to best to use their benefits. He was the president of several clubs including his honor society, botany and singing clubs. The applicant is now in acupuncture school and is the Vice President of the Hawaii Acupuncture Association. 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. 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. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 marred the quality of his service. 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 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's service record contains documentation that supports a diagnosis of in service depression; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 11 October 2007, the applicant underwent a mental status evaluation, which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears, the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct while serving in the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's complete chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 9 January 2019 2018, and by a 3-2 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 diagnosis 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 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 AR20180013325 2