1. Applicant's Name: a. Application Date: 30 March 2019 b. Date Received: 3 April 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the circumstances surrounding the applicant's mental health, such as experiencing the symptoms of PTSD and other medical conditions, caused the applicant to be unstable and used poor judgment. The leadership and medical professionals did little to help the applicant. The applicant's behavioral health treatment and hospitalization did not help. The applicant lost a son in February 2008, father on 1 March 2008, and mother on 15 March 2008. The applicant's losses and mental health instability were too much-the applicant received very little help and support from the chain of command. 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 Alcohol Dependence, Adjustment Disorder, Occupational Problems, and Martial Problems. The applicant does not have any VA records available for review. In summary, the applicant's BH diagnoses are not mitigating for the misconduct, which led to separation from the Army. In a records review conducted at Arlington, VA on 24 January 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, severe family matters, 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 found that the reason for the applicant's discharge cited in his DD Form 214, at blocks 25, 26, 27, and 28, contained erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, and d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (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 / Under Other Than Honorable Conditions b. Date of Discharge: 3 July 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 February 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On 29 August 2007, the applicant tested positive for wrongful use of cocaine. The applicant was counseled on numerous occasions for failing to pay his debts, lying to an NCO, and failing to report. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 4 February 2008 (5) Administrative Separation Board: 22 May 2008, Under Other Than Honorable Conditions (6) Separation Decision Date / Characterization: 26 June 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 May 2005 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25L10, Cable Systems Installer/Maintainer / 3 years, 23 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (12 January 2006 to 16 October 2006 / 3 years, 23 days f. Awards and Decorations: NDSM; GWOTSM; ASR; OSR; MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 12 April 2007, for failing to go to his appointed place of duty at the prescribed time five separate occasions on 28 February 2007, 15 March 2007 x 2, 20 March 2007, and 26 March 2007. The punishment consisted of a reduction to E-2, forfeiture of $340, and 14 days of extra duty. DD Form 2624 (Specimen Custody Document - Drug Testing), undated, indicates the specimen collected on 29 August 2007, on an "IU" (Inspection, Unit) basis, provided by the applicant, tested positive for cocaine. Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on numerous occasions; testing positive for cocaine and abusing illegal drugs; determining reasons for nonpayment of debts; command initiating a bar to reenlistment; being unavailable for immediate contact during an alert roster activation; and being dishonest and making a false official statement. FG Article 15, dated 3 October 2007, for wrongfully using cocaine between 29 July 2007 and 29 August 2007. The punishment consisted of a reduction to E-1, forfeiture of $650 pay per month for two months, and 45 days of extra duty and restriction. Mental Status Evaluation, dated 4 October 2007, providing no diagnosis, cleared the applicant for any administrative actions deemed appropriate by his command. Report of Proceedings by Board of Officers with a Summary of Board Proceedings reported the findings and recommendations of an administrative separation board that convened and adjourned on 22 May 2008. The board found that pursuant to AR 635-200, Chapter 14, paragraph 14-12c, the applicant committed a serious offense by wrongfully using cocaine; that he was undesirable for retention in the military service, and that rehabilitation was not deemed possible. The board recommended his separation with a UOTHC characterization of service. (Note within the summarized witness testimonies of the Summary of Board Proceedings, the applicant's company commander testified, in effect, that the applicant "self-enrolled in ASAP for a drinking problem then enrolled again for a drug hot." i. Lost Time / Mode of Return: 31 days (AWOL on 3 June 2008 to 3 July 2008) / The applicant returned to his unit. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 10 October 2007, indicates the applicant and examiner noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 30 March 2019, with self-authored statement; DD Form 214; Post-Deployment Health Assessment; Report of Medical Assessment; dated 10 October 2007; Report of Medical History, dated 10 October 2007; Health Records, dated 21 March 2007, 23 May 2007, 4 June 2007, and 11 September 2007; Certificate of Death, dated 12 February 2008; two "Homegoing Celebration" programs, dated 1 and 8 March 2008; death certificate, dated 8 March 2008; and In Loving Memory program, dated 24 February 2018. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 under other than honorable conditions discharge to honorable. The applicant's available record of service, and 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, as a Soldier, had the duty to support and abide by the Army's drug policies. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The record further shows the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol and substance abuse. If the Board determines that the documents are limited use information as defined in AR 600-85, then its introduction and use of this information mandates award of an honorable characterization of service. The service record further reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14- 12c(2), block 26 separation code as "JKK," block 27, reentry code as "4," and block 28, narrative reason for separation as "Misconduct (Drug Abuse)." Therefore and as approved by the separation authority, the following administrative corrections are warranted: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; c. block 27, reentry code to 3, and d. block 28, reason for separation to Misconduct (Serious Offense). The applicant's contentions regarding his behavioral health issues were carefully considered. A careful review of the available record and 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 contends he received very little help and support from his chain of command his losses and his mental health instability. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment, including a rehabilitative transfer. The applicant failed to respond appropriately to these efforts. 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 January 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, severe family matters, 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 found that the reason for the applicant's discharge cited in his DD Form 214, at blocks 25, 26, 27, and 28, contained erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, and d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, paragraph 14-12c e. Change SPD / RE Code to: JKQ / 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 AR20190007959 5