1. Applicant's Name: a. Application Date: 8 July 2018 b. Date Received: 10 August 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, was misdiagnosed by doctors. The applicant served honorably while in service. The applicant felt something was not right, sought help through Army One Source and was diagnosed immediately. The applicant also requests the GI Bill be reinstated. The applicant requests restoration of rank to E-4. 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 Alcohol Abuse, Cannabis Related Disorder, Occupational Problem, Substance Abuse, and Chronic PTSD. Post-service, the applicant does not have a service-connected disability rating and has not been seen by the VA. In summary, the applicant had 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 1 May 2019, 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. in-service and post- service diagnosis of PTSD), and a 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: 6 September 2007 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 20 August 2007 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; wrongfully using a controlled substance, marijuana on two occasions; and being AWOL (9 March 2007 until 4 June 2007). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 August 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 August 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 October 2006 / 4 years b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: 63M10, Bradley Fighting Vehicle System Maintainer / 2 years, 10 months, 1 day d. Prior Service / Characterizations: RA, 1 September 2004 to 2 October 2006 / HD e. Overseas Service / Combat Service: SWA / Iraq, 4 November 2005 to 4 November 2006 f. Awards and Decorations: ARCOM, NDSM, ICM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test code IR (Inspection Random), dated 14 March 2007, for THC. Positive urinalysis test code PO (Probable Cause), dated 7 June 2007, for THC. FG Article 15, dated 25 July 2007, for without authority, absented himself from his unit (29 March 2007 until 4 June 2007); and wrongful use of marijuana x2 between (22 February 2007 and 14 March 2007) and (18 May 2007 and 7 June 2007); reduction to PVT / E-1, forfeiture of $650 pay for two months, extra duty and restriction for 45 days. The applicant received a negative counseling statement, dated 29 June 2007, for a second positive drug test. i. Lost Time / Mode of Return: AWOL x2 for 66 days; 29 March 2007 until 27 April 2007 for 29 days, mode of return unknown; and 28 April 2007 until 3 June 2007 for 36 days, surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: Two Report of Mental Status Evaluation; dated 25 June 2007, indicates the applicant had an Axis I diagnosis of occupational problem, substance abuse and PTSD (provisional). Two VA Compensation letters, dated 11 December 2009, shows that the applicant was granted an evaluation of 30 percent disabling for PTSD. His Global Assessment of Function (GAF) score is 60. A range of 51-60 indicates moderate symptoms; or any moderate difficulty in social, occupational, or school functioning. VA Rating Decision, dated 14 November 2012, revealed that the applicant was assigned a 50 percent evaluation for PTSD. VA letter, dated 8 August 2013, relates the applicant had an Axis I diagnosis of PTSD, chronic, depressive disorder, not otherwise specified, cannabis and alcohol abuse and Axis IV, severe combat exposure, financial problems, legal problems, unemployed, and problems with primary support system. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); two VA compensation letters (six pages); two VA Rating Decisions, dated 8 December 2009 (10 pages); two letters, Florida Youth Conservation Corps, Report of Mental Status Evaluation; VA Letter; three VA statements in support of claim, applicant, applicant's mother and a cousin; VA letter, (two pages); VA Rating Decision, dated 14 November 2012 (four pages), and discharge / continuing care plan (two 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 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 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 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, he was misdiagnosed by doctors. The applicant bears the burden of presenting of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was misdiagnosed by doctors. The applicant further contends, he served honorably while in service. 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 also contends, he felt something was not right, he sought help through Army One Source and was diagnosed immediately. The record of evidence shows the applicant was diagnosed with PTSD and granted an evaluation of 50 percent disabling. The applicant requests his GI Bill be reinstated. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant also requests restoration of his rank to E-4. The record of evidence shows that the applicant was reduced to E-1 by virtue of non-judicial punishment. Therefore his rank cannot be restored. However, if the applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. 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 1 May 2019, 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. in-service and post-service diagnosis of PTSD), and a 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 AR20180015827 1