1. Applicant's Name: a. Application Date: 19 February 2019 b. Date Received: 25 February 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, prior to the incident, which led to discharge, the applicant had no disciplinary actions nor had the applicant been in any trouble during the enlistment. The applicant was deployed to Afghanistan where the applicant worked as a medic on convoy security missions. The applicant experienced severely traumatic experiences in Afghanistan, which changed life forever. The applicant witnessed serious acts of violence and multiple KIAs in the unit. The applicant risked life and only by chance did the applicant survive while others in the unit died. Upon return from Afghanistan, the applicant began to partake in activities which the applicant never had before, such as using drugs and alcohol to cope with the trauma from survivor's guilt and horrible memories. The applicant was suicidal and is surprised one survived this period in life. In late 2013, the applicant was involuntarily admitted to Samaritan hospital in New York after taking unknown pills and expressing suicidal ideation. During this same time period, the applicant was arrested for possession of cocaine, among other charges. The applicant was living in a constant state of frenzied panic due to PTSD symptoms, which clouded the applicant's decision-making abilities. The applicant obtained drugs, including alcohol, cocaine, heroin and pills from everywhere possible. Subsequent to the arrest, the applicant had a family member mail drugs for personal use. The first package contained hydrocodone, which the applicant successfully received and the second package contained about 1-2 grams of cocaine, which was found by a coworker and turned over to the police. The applicant is not proud of these actions. The applicant served honorably and with pride in Afghanistan, but after the redeployment, the applicant could not effectively reintegrate back into society and used unhealthy means to cope. Now that substance abuse is widely recognized as a side-effect of PTSD, the applicant believes that the inaccurate discharge status should be changed to accurately reflect the service to the country. The applicant has been punished for the mental health and it brings great distress whenever the applicant thinks about it. Since discharge, the applicant received VA disability rating of 70 percent for PTSD. 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 Military Combat Reaction, Alcohol Abuse, Anxiety Disorder, Cocaine Abuse, Depression, PTSD, and Personality Disorder. The applicant is 100% service-connected for PTSD from the VA. In summary, the applicant's BH diagnosis is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 25 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 (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 June 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 April 2014 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully possessed 1.5 grams of cocaine, wrongfully introduced 1.5 grams of cocaine onto a military installation, and wrongfully sent 1.5 grams of cocaine through the United States Postal Service. The applicant also failed to report to his appointed place of duty on two separate occasions. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 April 2014 (5) Administrative Separation Board: On 15 April 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: 19 May 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 October 2010 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 3 years, 7 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (14 October 2011 - 10 October 2012) f. Awards and Decorations: ACM-CS, ARCOM, NDSM, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 15 October 2013, reflects the applicant was apprehended for: Wrongful Distribution of Cocaine (Off Post); Wrongful Introduction of Cocaine (On Post); Depositing Prohibited Matter in U.S. Mail (Off Post); and Wrongful Possession of Cocaine (On Post). CID Report of Investigation - Initial Final, dated 10 December 2013, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Possession and Introduction of Cocaine, when he had a package sent to the on-post residence of SPC J containing approximately 1.5 grams of cocaine, wherein he was the intended recipient. On 2 October 2013, the applicant was interviewed by the MPI, under rights advised, wherein he admitted the package was intended for him; however, invoked his legal rights and terminated the interview upon being confronted about cocaine being discovered within the contents. On 7 October 2013, SPC J was interviewed wherein he stated the applicant asked if he could have a package sent to his on-post address wherein SPC J agreed; however, when the package arrived, it was addressed to SPC J and was subsequently was opened by his spouse who fell ill due to an odd odor emitting from the contents. SPC J stated his spouse contacted emergency medical services (EMS) and the Military Police, wherein she turned the package over to the MPI for further examination. SPC J provided subsequent text messages from the applicant which identified the applicant as the intended recipient of the package and knowing the contents therein. There was probable cause to believe applicant committed the cited offense(s). STATUTES: Article 112a, UCMJ: Wrongful Introduction/Possession/Distribution of a Controlled Substance; and, Article 134, UCMJ: Depositing Prohibited Matter in the Mail. FG Article 15, dated 28 February 2014, for failing to go at the time prescribed to his appointed place of duty on two occasions (21 January 2014); for wrongfully possessing 1.5 grams of cocaine (30 September 2013); for wrongfully introducing 1.5 grams of cocaine onto an installation used by the armed forces; and, for wrongfully sending 1.5 grams of cocaine through the United Postal Service (between 24 and 30 September 2013). The punishment consisted of a reduction to E-1; forfeiture of $765 pay per month for two months; and, extra duty for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Fort Drum Samaritan Behavioral Health Center, medical records, dated 3 January 2013, reflect the applicant was diagnosed with: Adjustment Disorder with Mixed Features, predominantly anxiety and depression, with some anger, irritability and features of PTSD; Rule Out PTSD - I think there is a strong possibility that he has this; and, Complicated Bereavement. Chronological Record of Medical Care, dated 10 December 2013, reflects the applicant was diagnosed with PTSD, substance abuse, Personality D/O NOS. Report of Mental Status Evaluation, dated 16 December 2013, reflects the applicant was not cleared for administrative actions by the command until further determination of fitness was conducted. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: PTSD; Anxiety Disorder NOS; and, Cocaine Abuse. Medical Evaluation Board Proceedings, dated 25 February 2014, reflects the applicant was diagnosed with: PTSD; and, Other Substance use disorder, in partial remission. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; medical records. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 he was suffering from PTSD, which affected his behavior and led to his discharge. The applicant's service record contains documentation that supports a diagnosis of in service depression; 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 16 December 2013, 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 applicant's contentions about his discharge was a form of punishment for his mental health was carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant contends that he had good service which included a combat tour. 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 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 25 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 AR20190004280 1