1. Applicant's Name: a. Application Date: 11 October 2018 b. Date Received: 15 October 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, believes that during military service, there was some internal issues that were going on that the applicant was unaware of and was trying to deal with internally. The applicant's behavior at the time, was defense or denial of unknown mental health issues. The applicant was self-medicating on marijuana, in an attempt to control this behavior, which included depression, anxiety, frustration, irritability and impulsivity. The applicant states never being a person who asks for help, which led to continuous misconduct and testing positive for marijuana on several occasions. Today, the applicant is aware of the mental health circumstances that impeded and led to the mischaracterization of the applicant that has become since discharge. The applicant is actively receiving mental health services to address the issues that developed during military service. The applicant has not had any legal issues or problems since discharge, which is a reflection of whom the applicant is now. 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), the applicant did not have any Behavioral Health diagnoses. Post-service, the VA has diagnosed the applicant with Anxiety disorder unspecified and currently has no service-connected rating. In summary, the applicant did not have a medical or behavioral health diagnoses for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 9 January 2019, 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 (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 January 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 December 2005 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used marijuana, a controlled substance, on three separate occasions between on or about 26 March 2005 and 7 September 2005; and he willfully disobeyed a lawful order from a noncommissioned officer on 3 September 2005. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 December 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 September 2003 / 3 years b. Age at Enlistment / Education / GT Score: 23 / GED / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 52D10, Power-Generation Equipment Repairer / 2 years, 4 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624, dated 25 April 2005, reflects the applicant tested positive for THC LOL (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 25 April 2005. FG Article 15, dated 25 May 2005, for wrongfully using marijuana (between 26 March and 25 April 2005). The punishment consisted of a reduction to E-1; forfeiture of $617 pay per month for two months (suspended); and, extra duty and restriction for 45 days. DD Form 2624, dated 8 August 2005, reflects the applicant tested positive for THC 177 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 8 August 2005. DD Form 2624, dated 7 September 2005, reflects the applicant tested positive for THC 140 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 7 September 2005. CG Article 15, dated 8 September 2005, for disobey a lawful order (3 September 2005). The punishment consisted of extra duty and restriction for 14 days. FG Article 15, dated 12 September 2005, for wrongfully using marijuana (between 9 July and 8 August 2005). The punishment consisted of a forfeiture of $617 pay per month for two months; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 28 September 2005, 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 7 November 2005, for wrongfully using marijuana (between 8 August and 7 September 2005). The punishment consisted of a forfeiture of $617 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: The applicant provide a copy of his VA Progress Notes, dated 12 September 2018, which reflects the applicant was screened for PTSD, however, no diagnosis noted on the report. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA medical treatment records; and, a copy of his active duty mental status evaluation. 6. POST SERVICE ACCOMPLISHMENTS: Th applicant states, he is actively receiving mental health services to address the issues that developed during his military service. He has not had any legal issues or problems since his discharge. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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 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 contends that since his discharge, he has been actively seeking mental health treatment. 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 28 September 2005, 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 he was suffering from depression, anxiety, frustration, irritability and impulsivity, which affected his behavior and led to his discharge. However, the service record contains no evidence of these conditions and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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 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, 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 AR20180013951 1