1. Applicant's Name: a. Application Date: 15 June 2019 b. Date Received: 31 July 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he has been sober from drugs and alcohol for over a year and has completed two months of camp Hope, married and has received service-connected disabilities for three conditions. The applicant is in a vocational rehab as clerk and desperately would like an upgrade. The applicant served 18 months in Iraq and reenlisted while he was deployed. He was an outstanding Soldier, but because of PTSD, he was not a good civilian. The applicant states, he has struggled with being homeless and with nowhere to turn for nine years. The applicant believes his has paid for his sins and is a proud veteran who loved his country. 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 Adjustment Disorder with disturbance of emotions and conduct; Cannabis Abuse. The applicant is not service-connected from the VA. The VA has also diagnosed the applicant with PTSD 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 2 September 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's combat service, the circumstances surrounding the discharge (PTSD diagnosis), prior period of honorable service, and homelessness. 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 3 April 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 March 2009 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: Between on or about 16 June 2007 and on or about 16 July 2007, he wrongfully used marijuana; Again, between on or about 15 November 2008 and on or about 15 December 2008, he wrongfully used not only marijuana, but also methylenedioxy-amphetamine, and methamphetamine; Between on or about 22 December 2008 and on or about 22 January 2009, he again wrongfully used marijuana; After he was facing punishment under Article 15, UCMJ, for those actions, again he wrongfully used marijuana between on or about 2 January 2009 and on or about 4 February 2009; and, He had been enrolled in the Army Substance Abuse Program (ASAP) and it was strongly recommend that he take full advantage of the services offered. The applicant was advised that this behavior was unacceptable and would not be tolerated in this unit and the United States Army. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 17 March 2009 (5) Administrative Separation Board: On 17 March 2009, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: On 6 June 2008, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14- 12c, Commission of a Serious Offense. / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 April 2008 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 6 months, 23 days d. Prior Service / Characterizations: RA, 11 September 2006 - 25 April 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq (5 September 2007 - 24 October 2008) f. Awards and Decorations: NDSM, GWOTSM, ASR, OSR / The applicant's service record reflects he was awarded the ICM-CS, however, the award is not reflected on his DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 5 February 2009, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. FG Article 15, dated 17 February 2009, for wrongfully using methylenedioxy-methanphetamine hydrochloride; methamphetamine; and marijuana (between 15 November and 15 December 2009); and, for wrongfully using marijuana (between 22 December 2008 and 22 January 2009). The punishment consisted of a reduction to E-1; forfeiture of $699 pay per month for two months and, restriction for 60 days. Electronic Copy of DD Form 2624, dated 3 February 2009, reflects the applicant tested positive for THC 73 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 22 January 2009. Army Substance Abuse Program (ASAP) Repeat Positive Detail Report, dated 27 February 2009, reflects the applicant tested positive for: Methamphetamine (MDA); methylenedioxy-methanphetamine (MDMA); and, marijuana (THC) during an Inspection Random (IR) urinalysis testing, conducted on 15 December 2008; Marijuana (THC) during an Inspection Random (IR) urinalysis testing, conducted on 22 January 2009; and, Marijuana (THC) during an Inspection Random (IR) urinalysis testing, conducted on 4 February 2009. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a Veterans Affairs letter, dated 1 May 2019, which reflects the applicant was diagnosed with PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Clarifying Guidance to Military Review Boards; Veteran's Affairs letter; two third party letters. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has been sober from drugs and alcohol for over a year and has completed two months of camp Hope, married and has received service-connected disabilities for three conditions. 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(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. 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 record of service, the issues and documents submitted with his application were carefully reviewed. The applicant, as a Soldier, 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 marred the quality of his service. 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 undiagnosed PTSD, which affected his behavior and led to his discharge. The applicant provided a third party letter to support his contention and contends the VA has diagnosed him with service connected PTSD. 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 reflects that on 5 February 2009, 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 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 third party statement provided with the application spoke highly of the applicant's performance. The author recognized his good performance and character; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 2 September 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's combat service, the circumstances surrounding the discharge (PTSD diagnosis), prior period of honorable service, and homelessness. 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 AR20190011944 5