1. Applicant's Name: a. Application Date: 10 January 2019 b. Date Received: 16 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade an under other than honorable conditions discharge to general (under honorable conditions) or honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, the discharge was due to two positive urinalyses. (The applicant provided an extensive detail of the circumstances surrounding the events leading up to and following the separation from the Army.) While deployed to Kuwait and Jordan, the applicant dedicated time to studying regulations, practicing the Army Values, forming professional relationships, and training to become more proficient in chemical operations, as well as, reporting to work with a smile, as the applicant loved to make people laugh, even if the task at hand was considered an undesirable one. In June 2015, when the applicant lost a very close cousin due to a street bike accident, the applicant immediately consulted with behavioral health and spoke with fellow Soldiers and leadership. Despite the loss impacting the applicant, the applicant tried to push through daily pain and worries, keeping that smile, but found that the consultations and reaching out to others did not help. About one month later, a best friend, a previous roommate and an Army veteran, who suffered from depression and PTSD, had committed suicide. The applicant continued seeing behavioral health and "began speaking with an MFLAC to help" during the difficult time. Regardless, the applicant tried remaining happy and being the best Soldier. The applicant does not recall ever receiving any negative counseling before testing positive on a UA. In November 2016, while participating in the Lightning Forge field exercise, the applicant witnessed a truck with a trailer/tractor attached run over a Soldier on the ground, then the driver thinking reversed one more time over the Soldier on the ground. The incident happened very fast, but the applicant observed the Soldier's crushed mid-body and heard the Soldier gasping for air. The applicant wished not having to observed "the most graphic and disturbing things" in life. To this day, the applicant still has the images and thoughts of what happened and often has nightmares. It puzzled the applicant when everyone else seemed to go about their business as usual, while the applicant was struggling. The applicant was confused about how other Soldiers were act like nothing happened after a few hours. The applicant continued seeing behavioral health following that field exercise. With a series of questions and completing a worksheet, the applicant was flagged positive for PTSD. Shortly after Lightning Forge, the applicant made a bad choice and tested positive on a urinalysis screening. The applicant was extremely embarrassed and disappointed for making a poor decision. The applicant wished to have been taken more seriously by leadership and behavioral health for these troubles. The applicant reached out on many occasions to a few different Chaplains for guidance and to help rekindle the Catholic faith. The applicant went through a vicious cycle of being told that about being retained, followed by being "kicked out." The applicant wanted solid guidance from someone and to be retained in the Army, and to soldier on even if that meant starting over as an E-1. Going through flashbacks, unwanted and uncontrollable thoughts, anxiety, depression, and insomnia were regular problems for the applicant-some days were worse than others. The applicant passed both the Army Substance Abuse Program and Prime for Life courses. The applicant did not have an addiction problem with drugs or alcohol, but learned a lot about both substances. After testing positive, the applicant successfully aided the CID in capturing a Soldier, who brought different drugs on post to sell. The second drug incident occurred, although the applicant knew it was wrong and while still dealing with the worries and depression that accompanied the intrusive thoughts. Since discharge in July 2017, the applicant has presented the best version of oneself and married a high school sweetheart. The applicant has not used any illegal drugs since Hawaii and rarely drinks alcohol, only on special occasions. The applicant works full time, six days a week, with other side jobs while ensuring monthly rent and bills were paid. The applicant only wants the best for wife and daughter. The applicant wishes the applicant was still serving in the Army and a chance of being a Soldier, either as a Reserve or National Guard Soldier. Granting the requested relief would provide help or assistance with dealing with PTSD, insomnia, depression, nightmares, and anxiety. 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 Anxiety, Occupational Problems, Cocaine Abuse, and Adjustment Disorder. The applicant does not have any VA records for review. The applicant does not currently have a diagnosis of PTSD. In summary, the applicant does not have 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 11 September 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 20 July 2017 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 8 June 2017, the applicant was charged with the following: Charge: Violation of Article 112a, UCMJ: The applicant wrongfully used cocaine between 10 May 2017 and 15 May 2017. (2) Legal Consultation Date: 22 June 2017 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 6 July 2017 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 October 2014 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 2 years, 8 months, 25 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge Sheet described at the preceding paragraph 3c(1). i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence: Medical records provided indicates the applicant was being treated for "Adjustment disorder with mixed anxiety and depressed mood," while at his military duty assignment in Hawaii. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 10 January 2019, with self-authored statement; character reference statement; certificate of achievement; applicant's request to be retained; APFT Scorecard; two Certificates of Training; and Certificate of Completion. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he has been employed for six days a week. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. Further, the separation authority may direct a general discharge if such is merited by the Soldier's overall record during the current enlistment. (See chap 3, section II.) However, for Soldiers who have completed entry-level status, characterization of service as honorable is not authorized unless the Soldier's record is otherwise so meritorious that any other characterization clearly would be improper, and when characterization of service under other than honorable conditions is not warranted for a Soldier in entry-level status, service will be uncharacterized. AR 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, "In Lieu of Trial by Court-Martial." The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 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 to upgrade his under other than honorable conditions discharge to general (under honorable conditions) or honorable and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor, and did not support the issuance of an honorable or a general (under honorable conditions) discharge by the separation authority at the time of discharge. 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant's contentions regarding his behavioral health issues which involved being flagged positive for PTSD, were carefully considered. A careful review of the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant has expressed his desire to rejoin the Service and that an upgrade would provide him medical care and the assistance he needs. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. Further, eligibility for veterans' 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 requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 10, is "In Lieu of Trial by Court-Martial," and the separation code is KFS. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The available record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 11 September 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20190003357 1