1. Applicant's Name: a. Application Date: 21 March 2019 b. Date Received: 25 March 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the reentry eligibility (RE) code to 1. The applicant through counsel seeks relief contending, in effect, developed PTSD due to experiences in combat. The applicant was under extreme stress due to poor leadership by the command. The applicant was awarded 50 percent disability rating due to PTSD. The applicant began self-medication with alcohol. The applicant was unfairly discharged with a characterization of service of general (under honorable conditions). 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 no BH diagnoses while on active duty. The applicant is 60% service-connected; 50% for PTSD from the VA. In summary, the applicant has 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 24 October 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, post-service accomplishments, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. 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: Misconduct (Abuse of Illegal Drugs) / AR 135-178, Paragraph 12-1d / NA / NA / General (Under Honorable Conditions) b. Date of Discharge: 7 June 2006 c. Separation Facts: No, applicant submitted partial separation file with his application. (1) Date of Notification of Intent to Separate: 21 December 2005 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; tested positive for MDMA (15 October 2005). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 December 1999 / 8 years b. Age at Enlistment / Education / GT Score: 20 Years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 21C20, Bridge Crewmember / 6 years, 5 months, 28 days d. Prior Service / Characterizations: USAR, 10 December 1999 to 7 June 2000 / NA IADT, 24 February 2000 to 8 June 2000 / NA USAR, 9 June 2000 to 22 January 2003 / NA AD, 23 January 2003 to 31 March 2004 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Iraq, 23 January 2003 to 31 March 2004 f. Awards and Decorations: ARCOM, ARCAM, NDSM, AFRM-"M" DEV, ASR, OSR, MUC, CAB g. Performance Ratings: November 2003 to June 2005, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating Decision, dated 31 May 2006, revealed the applicant was service connected for PTSD and granted an evaluation of 50 percent disabling, effective 1 April 2004. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's brief; attorney's petition in support of application (16 pages); Exhibits A and B, DD Forms 214; Exhibit C, retirement points accounting; Exhibit D, discharge orders 06-158-00007; Exhibit E, operator qualification record; Exhibit F, achievements, awards, citations and medals; Exhibit G, proof of service; Exhibit H, primary leadership development course; Exhibits I and J, NCO evaluations; Exhibit K, notice of administrative separation; Exhibit L, commanders report of administrative separation; Exhibit M, Akers Counseling, PSC; Exhibit N, Veterans Affairs Documents; and Exhibits O-X, support / character statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant through counsel states since his discharge from the U. S. Army Reserve, he has earned a bachelor's degree in Economics and went back to college to receive his Accounting Certificate. He is employed at the Department of Energy as a Budget Analyst, he is a GS-14 and has held that position for the past nine years. In addition to his work the he is active in his community. He volunteers with the American Legion and Veterans of Foreign Wars (VFW), which includes an elected position of commander at VFW Post 9862. The applicant also volunteers his time at Izaak Walton in Damascus, Maryland restoring woodlands. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 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, and convictions by civil authorities. 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. 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 and a change to the reentry eligibility (RE) code to 1. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to the former Soldier's discharge from the US Army Reserve. However, the record shows on 7 June 2006, DA, HQS, 104th Division (Institutional Training), Vancouver, WA, Orders 06-158-00007, discharged the applicant from the US Army Reserve, effective date; 7 June 2006, with a general (under honorable conditions) discharge. The applicant, as an 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 diminished the quality of his service below that meriting an honorable discharge at the time of separation. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant requests a change to the RE code to 1. The RE code is governed by specific directives. The applicant was discharged under the provisions of AR 135-178. The applicant bears the burden of presenting substantial and credible evidence to support his request to change the RE code. There is no evidence in the available record, nor has the applicant provided any evidence, to support the request that RE code was incorrect or erroneous. The applicant through counsel seeks relief contending, he developed PTSD due to his experiences in combat; and he was awarded a 50 percent disability rating due to PTSD. The applicant provided a VA rating decision which revealed he was service connected for PTSD and granted an evaluation of 50 percent disabling. The applicant further contends, he was under extreme stress due to poor leadership by his command. The available record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Community Counseling Center and other medical resources available to all Soldiers. The applicant also contends, he began self-medication with alcohol. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. AR 600-85, paragraph 7-10 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. The applicant additionally contends, he was unfairly discharged with a characterization of service of general (under honorable conditions). The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the available record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. 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. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, 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 24 October 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, post-service accomplishments, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. 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: Honorable 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 AR20190004940 1