1. Applicant's Name: a. Application Date: 18 November 2018 b. Date Received: 26 November 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, completed the initial enlistment contract and the expiration of term of service (ETS) was on 3 March 2017. The Enlisted Record Brief (ERB) shows that the applicant served beyond ETS. It has been 19 months since the applicant was discharged and the applicant has learned the lesson. The applicant requests and upgrade in order to use the GI Bill to complete an education. 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 Substance Use Disorder, Depression, Cluster B Personality Disorder and Opiate/Alcohol/Sedative Dependence. The applicant does not currently have a service-connected rating from the VA. 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 13 September 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 (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 30 March 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 17 October 2016 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully used D-Amphetamine x2 between (5 December 2015 and 5 January 2016) and (18 July 2016 and 19 August 2016; he was arrested and detained by Columbus Police Department and charged with criminal trespass, aggravated assault, kidnapping and false imprisonment (5 July 2016); and he violated a Military Protective Order dated 26 July 2016, given by his superior commander. (3) Recommended Characterization: The unit commander recommended an Under Other than Honorable Conditions discharge. The intermediate and senior intermediate commanders recommended an Under Other Than Honorable Conditions discharge. On 10 February 2014, the applicant's chain of command recommended approval of the conditional waiver with a General (Under Honorable Conditions) discharge. (4) Legal Consultation Date: 21 June 2016 and 13 December 2016 (5) Administrative Separation Board: On 13 December 2016, the applicant again consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving characterization of service no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 14 March 2017, the separation authority considered whether to process the applicant through the physical disability system in lieu of separation under the provisions of AR 635-200. He found that the applicant's medical condition was not a direct or substantial cause of his misconduct as outlined in the separation packet, and that other circumstances of his case did not warrant disability processing instead of further processing under administrative separation provisions. He approved the applicant's conditional waiver of his administrative separation board. On 14 March 2017, the separation authority approved the applicant's conditional waiver and he was discharged from the U.S. Army under the provisions of Army Regulation 635-200, Chapter 14, Paragraph 14-12c(2), Misconduct Abuse of Illegal Drugs, with a General (Under Honorable Conditions) discharge. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 October 2012, 4 years, 21 weeks b. Age at Enlistment / Education / GT Score: 23 years / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 4 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IU (Inspection Unit), dated 5 January 2016, for DAMP. CID Report of Investigation, dated 4 February 2016, relates the applicant was under investigation for wrongful use and wrongful possession of D-Amphetamine. FG Article 15, dated 15 March 2016, for wrongful possession and wrongful use of D- Amphetamine a schedule I controlled substance (both 5 January 2016); forfeiture of $1,133 pay (suspended), extra duty for 14 days and an oral reprimand. Positive urinalysis test coded IR (Inspection Random), dated 19 August 2016, for DAMP FG Article 15, dated 23 September 2016, for wrongfully use D-Amphetamine a schedule I controlled substance between (18 July 2016 and 19 August 2016); reduction to PV2 / E-2, forfeiture of $878 pay for two months (suspended), extra duty and restriction for 45 days and an oral reprimand. The applicant received several negative counseling statements for his impending restriction, being incarcerated and a positive drug test; an initial counseling, a Warrior Transition Battalion counseling statement and re-notification of separation counseling. i. Lost Time / Mode of Return: Confinement Civilian Authorities for 20 days, 5 July 2016 to 25 July 2016; and after careful consideration the period of 21 February 2017 to 27 February 2017 for 7 days, the category of lost time could not be determined. Total lost time 27 days. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 22 April 2016, relates the applicant had Axis I, II and III, medical diagnoses are documented In AHLTA in accordance with AR 40-66. On 3 June 2016, Medical Evaluation Board Proceedings, revealed the applicant met medical retention standards per AR40-501, Chapter 3-33 for anxiety and insomnia Chapter 3-41. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); ERB; RA applicant data report (three pages); and two DD Forms 214. 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 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 completed his initial enlistment contract, his expiration of term of service (ETS) was on 3 March 2017; and his Enlisted Record Brief (ERB) shows that he served beyond his ETS. The projected period of service to fulfill this active duty service obligation was from 9 October 2012 to 4 March 201717 (net active service = 4 years, 4 months, 24 days or 4 years, 21 weeks). The applicant served on active duty until 30 Mar 17, 26 days after his projected ETS date. The applicant had 27 days of time lost (20 days from 5 July 2016 to 25 July 2016; and 7 days from 21 February 2017 to 27 February 2017). As such, it appears that block 12c net active service computation is incorrect and block 18 remarks is correct. In view of the foregoing, the applicant had not completed his first full term of service. The applicant further contends, it has been 19 months since he was discharged and he learned his lesson. The US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. The applicant requests and upgrade in order to use the GI Bill to complete his education. 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 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 13 September 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 AR20180016232 1