1. Applicant's Name: a. Application Date: 22 March 2019 b. Date Received: 29 March 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, used marijuana to self-medicate for PTSD and military sexual trauma when these issues were overlooked and undiagnosed by the U.S. Army. The applicant was diagnosed with service connected PTSD by the VA. The applicant began having symptoms of anxiety and depression due to ongoing mortar strikes and the harsh treatment by SSG D. The applicant was advised that the discharge would automatically upgrade to an honorable discharge six months after the discharge date, and the applicant would be eligible for reenlistment. The applicant believes the discharge was inequitable and improper because the marijuana use was an isolated incident. The applicant was never offered any sort of mental health counseling or rehabilitation services. The discharge was also inequitable and improper, because another Soldier had multiple offenses of marijuana usage under the same chain of command, and was not discharged for the first offense. 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 due to the period of service, the applicant's active duty records are unavailable for review. The applicant is 50% service- connected for PTSD from the VA. The VA has also diagnosed the applicant with Major Depressive Disorder and Alcohol Use Disorder. 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 13 November 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 OBHI) 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. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 4 November 2005 c. Separation Facts: No (1) Date of Notification of Intent to Separate: 6 October 2005 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he purchased and wrongfully used marijuana, a Schedule I controlled substance on several occasions between July and September 2005; and he operated a military vehicle while smoking marijuana which constitutes reckless driving endangering the lives of those in the vehicle as well as the safety of others on LSA Anaconda. (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: 26 September 2004 / OAD / 545 days b. Age at Enlistment / Education / GT Score: 17 years / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-3 / 55B10, Ammunition Specialist / 2 years, 4 months, 15 days d. Prior Service / Characterizations: USAR, 20 June 2003 to 25 September 2004 / NA (Concurrent Service) e. Overseas Service / Combat Service: SWA / Iraq, 12 December 2004 to 25 October 2005 f. Awards and Decorations: AAM, NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: A NORCON Family Counseling letter, dated 1 March 2019, that relates he was being seen at this facility since 11 November 2017, for individual therapy to learn to cope with stress, anxiety and other emotional issues that have been negatively impacting his life. Previously attended therapy at the VA to deal with the same issues. The letter further relates the applicant was diagnosed with PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement (four pages); DD Form 214; descriptions of the photos and videos enclosed in this packet (seven photos and four videos); support / character statement, Chief of Police PCPD; NORCON Family Counseling letter; photos; letter, Battle Buddy Service Dogs; letter, two Chief of Police, Life Saving Awards; Chief of Police, Certificate of Commendation; memorandum, recommendation for life saving award; letter, Office of Sheriff to Chief of Police, KCPD; letter, Chief of Police, to applicant; letter, Chief of Police, special unit citation; letter, Chief of Police to Tactical Response Team 3; and several others letter from Chief of Police to other KCPD divisions; five KCPD supervisory notices; letter, Chief of Police to Central Patrol Division 1; two letters, Chief of Police to applicant for safe operation of all police vehicles; and a letter, Chief of Police, Letter of Appreciation to the applicant. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he serves on the Kansas City, Missouri Police Department's Tactical Response Teams (SWAT). He has been in this position since March, 2016. He serves as a Shield Operator, Point Man, Tactical Medic, and Swift Water Rescue. Prior to being assigned to the Tactical Response Teams, he served as a Community Officer and a Patrol Officer since May, 2012. From 2007 until 2012, he served as an Emergency Medical Technician and Paramedic for a private ambulance company named MAST Ambulance and the Kansas City Fire Department. In his free time, he volunteers for a company called Battle Buddy Service Dogs, which provides service dogs for military veterans with PTSD / TBI or Military Sexual Trauma. He serves as a dog trainer for that organization. 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. 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 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. 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 complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of misconduct (drug abuse), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct (drug abuse), with a reentry eligibility (RE) code of 4. The applicant seeks relief contending, he used marijuana to self-medicate for PTSD and military sexual trauma when these issues were overlooked and undiagnosed by the U.S. Army; and the VA diagnosed him with service connected PTSD. 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. A NORCON Family Counseling letter, dated 1 March 2019, that relates he was being seen at this facility since 11 November 2017, for individual therapy to learn to cope with stress, anxiety and other emotional issues. The letter further relates the applicant was diagnosed with PTSD. However, the service record contains no evidence of PTSD diagnosis or military sexual trauma and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends, he began having symptoms of anxiety and depression due to ongoing mortar strikes and the harsh treatment by SSG D. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he suffered from anxiety and depression. The applicant also contends, he was were advised that his discharge would automatically upgrade to an honorable discharge six months after the discharge date, and he would be eligible for reenlistment. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reason for discharge, or both, were improper or inequitable. The applicant additionally contends, he believes his discharge was inequitable and improper because his marijuana use was an isolated incident. The available service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. Furthermore, the applicant contends, he was never offered any sort of mental health counseling or rehabilitation services. AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. Lastly, the applicant contends, his discharge was also inequitable and improper, because another Soldier had multiple offenses of marijuana usage under the same chain of command, and he was not discharged for his first offense. The method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. 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 appears consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 November 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 OBHI) 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 / 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 AR20190005663 1