1. Applicant's Name: a. Application Date: 25 January 2019 b. Date Received: 28 January 2019 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, during the events that led to separation from the military, the applicant submitted supporting documents that reflected a diagnosis of PTSD, which led to the marijuana use. The applicant did not receive the proper treatment or information about what was going on mentally. The applicant did not understand what was going on and the spouse started noticing changes upon returning from the first deployment. Upon returning from the second deployment, the applicant noticed everything started changing and became stressed, angry and depressed, which the applicant could not control. The applicant states, despite these mental issues, a seven year service record, included multiple awards, medals and promotions. The seven years of service was honorable and the applicant earned Soldier of the Month and NCO of the Month, which led to competing in the Soldier of the Year and NCO of the Year Boards. The applicant was promotable and wanted to retire from the Army, but due to medical reasons, was not able to. The request for relief is based on a medical condition. The applicant states that after being released from the military, life went downhill and the applicant started receiving help for PTSD in 2014. The applicant started to realize how it was affecting oneself, the job and family. The applicant continues to struggle with PTSD, but has been receiving the proper medical help. 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 and depressed mood and Depression with Anxiety. VA records indicate the applicant is 70% service-connected for PTSD. The VA has also diagnosed the applicant with PTSD and mTBI. In summary, the applicant had a BH diagnosis that was mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 17 April 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. in-service and post- service diagnoses of PTSD, OBH, and TBI), 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-4. (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: 19 May 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 April 2009 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: Between on or about 31 December 2008 and 29 February 2009, he wrongfully used marijuana, and on or about 1 March 2009, he failed to be at his appointed place of duty. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 6 April 2009 (5) Administrative Separation Board: On 6 April 2009, 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: 13 May 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 June 2006 / 4 years b. Age at Enlistment / Education / GT Score: 25 / GED / 98 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92G10, Food Service Specialist / 7 years, 9 months, 3 days d. Prior Service / Characterizations: RA, 18 July 2001 - 9 December 2003 / HD RA, 10 December 2003 - 18 June 2006 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (26 April 2003 - 31 July 2004 / 11 October 2006 - 5 December 2007) f. Awards and Decorations: ARCOM-4, AAM-5, AGCM-2, NDSM, GWOTEM, GWOTSM, ICM-2CS, OSR-3, ASR g. Performance Ratings: 1 October 2005 - 30 September 2006 / Fully Capable 1 October 2006 - 30 September 2007 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 4 February 2009, reflects the applicant tested positive for THC (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 29 January 2009. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 2 February 2009; and, From "AWOL" to "PDY," effective 1 March 2009. FG Article 15, dated 13 March 2009, for being AWOL (between 2 February and 1 March 2009); and, for wrongfully using marijuana (between 31 December 2008 and 29 February 2009). The punishment consisted of a reduction to E-4; forfeiture of $1,109 pay per month for two months (on month suspended); and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: 26 days (AWOL, 2 February 2009 - 28 February 2009) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 31 March 2009, reflects the applicant had a clear thinking process and had the mental capacity to understand and participate in the proceedings. At the time, the applicant was not cleared for separation. The applicant was diagnosed with: r/o PTSD, Depression. The applicant provided a copy of his VA disability rating decision, dated 2 January 2015, which reflects the applicant was rated 30 percent disability for: PTSD with major depressive disorder and cannabis, alcohol dependence. The applicant provided a copy of his VA disability rating decision, dated 9 January 2019, which reflects the applicant was rated 70 percent disability for: PTSD with major depressive disorder and cannabis, alcohol use disorders. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Two DA Forms 2166-8; three DA Forms 4980-14; five DA Forms 4980-18; DA Form 7013; four Certificates of Achievement; medical treatment records; VA Disability Rating Decision. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he continues to struggle with PTSD, but he has been receiving the proper medical help. 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 because he was suffering from a medical condtion. 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 contends the VA has granted him a service connected disability for PTSD. 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 applicant's service record is void of a mental status evaluation that cleared him for separation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that he had good service which included two combat tours. 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 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 17 April 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. in-service and post-service diagnoses of PTSD, OBH, and TBI), 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/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 AR20190002635 1