1. Applicant's Name: a. Application Date: 13 November 2018 b. Date Received: 19 November 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, within one year of discharge, has been diagnosed with generalized anxiety disorder/depression, PTSD to include insomnia at a 70 percent VA disability rating. The applicant has been considered service-connected for tinnitus, headaches, obstructive sleep apnea and psoriasis, totaling a 90 percent rating. The applicant also suffered from a TBI that was a direct result of a blast that occurred during combat in 2012, in which is also service-connected. The applicant was honored with a Purple Heart and before becoming aware of the conditions as a result of these events, the applicant was self-medicating, which led to the reason for discharge. The applicant has been prescribed several medications to assist in managing these conditions that were incurred during the time in service. The applicant has been on these medications since discharge. The applicant was also honorably discharged after a first term, but it was not until combat in Afghanistan, during a second term, which resulted in a TBI. At that time, the applicant started to show signs and symptoms of these conditions and believes that the time in Afghanistan was a direct result of the issues that led to self-medication. 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 Anxiety, Cognitive Disorder, Generalized Anxiety Disorder, Opioid Related Disorder, and Traumatic Brain Injury. The VA has diagnosed the applicant with PTSD, Generalized Anxiety Disorder, ADHD, and TBI. Post Service, the applicant has a 90% service-connected disability rating from the VA for PTSD. 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 13 February 2019, and by a 5-0 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 TBI), 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 20 August 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 May 2014 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used oxycodone, a Schedule II controlled substance, between on or about 27 August 2013 and 29 August 2013. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 6 June 2014 (5) Administrative Separation Board: On 6 June 2014, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: On 1 August 2014, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14- 12c, Commission of a Serious Offense. Memorandum, dated 8 August 2014, from the Brigade Judge Advocate, reflects, Major General M approved an administrative separation pertaining to the applicant, under AR 635-200, Chapter 14-12c, Commission of a Serious Offense. The separation should read, and be processed, as a separation under AR 635-200, Chapter 14- 12c(2) Misconduct- Abuse of Illegal Drugs. On 29 May 2014, the applicant was notified of the commander's intent to separate him under AR 635-200, Chapter 14-12c(2) Misconduct-Abuse of Illegal Drugs. On 6 June 2014, the applicant submitted a request for a conditional waiver for separation under AR 635-200, Chapter 14-12c(2) Misconduct- Abuse of Illegal Drugs. / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 August 2012 / 3 years b. Age at Enlistment / Education / GT Score: 25 / GED / 108 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 6 years, 11 months, 1 day d. Prior Service / Characterizations: RA, 20 September 2007 - 22 August 2012 / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (29 July 2011 - 31 May 2012), Iraq (1 December 2008 - 1 November 2009) f. Awards and Decorations: ACM-CS, PH, AAM-2, ARCOM-2, MUC, VUA, AGCM-3, NDSM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR-3, NATOMDL, CIB g. Performance Ratings: 1 October 2012 - 30 September 2013 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 12 September 2013, reflects the applicant tested positive for OXCOD 418 (oxycodone), during an Inspection Unit (IU) urinalysis testing, conducted on 29 August 2013. CID Report of Investigation - Initial Final, dated 20 November 2013, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Use of a Controlled Substance when he submitted a urine specimen, which subsequently tested positive for oxycodone. FG Article 15, dated 10 January 2014, for wrongfully using oxycodone (between 27 and 29 August 2013). The punishment consisted of a reduction to E-4; forfeiture of $1,201 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: Report of Mental Status Evaluation, dated 6 May 2014, 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. The applicant was diagnosed with: Generalized Anxiety Disorder, Cognitive Disorder and Mild Traumatic Brain Injury. The applicant provided a copy of his VA disability rating decision, dated 12 August 2015, which reflects the applicant was rated 70 percent disability for generalized anxiety disorder with depression NEC and PTSD to include insomnia. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; VA Rating Decision; Discharge certificate; Medical Treatment documents; and, online job application. 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. 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, misconduct (drug abuse). 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 and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant, as a NCO, 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 contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635- 200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant's service record contains documentation that supports a diagnosis of in service Generalized Anxiety Disorder, Cognitive Disorder and Mild Traumatic Brain Injury. 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 6 May 2014, the applicant underwent a mental status evaluation, which indicates he was mentally responsible 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 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 February 2019, and by a 5-0 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 TBI), 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 AR20180016424 1