1. Applicant's Name: a. Application Date: 7 October 2019 b. Date Received: 7 October 2019 c. Previous Records Review: AR20140012040, 29 May 2015 d. 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 pertinent part and in effect, would like to explain what occurred. The applicant is with the homeless "Hub VASH" program. The current discharge prevents the applicant from getting help and educational benefits. 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, Insomnia, FAP involvement, Unspecified Substance Disorder, Phase of Life Problem, PTSD, and Major Depressive Disorder. The applicant is 90% service- connected for non-BH diagnosis from the VA. The VA has diagnosed the applicant with PTSD, Depression, Bipolar Disorder, and Adjustment Disorder. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a Travel Panel hearing conducted at Warner Robins AFB, GA on 4 February 2020, and by a 4-1 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. in-service and post-service diagnoses of OBHI and PTSD), homelessness, a prior period of honorable service, 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 the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 April 2011 (2) Basis for Separation: The applicant was informed of the following reason: The applicant tested positive for Marijuana on 14 February 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 September 2006 / Pursuant to AD Orders, dated 6 September 2006, for 3 years b. Age at Enlistment / Education / GT Score: 32 / 14 years / 94 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92A10, Automated Logistical Specialist / 7 years, 7 months, 14 days d. Prior Service / Characterizations: RA (9 February 2000 to 8 May 2000) / UNC Break in Service (9 May 2000 to 26 October 2003) USAR (27 October 2003 to 23 June 2005) / NA MOB AD (24 June 2005 to 19 September 2006) / HD (Concurrent Services commence 18 September 2006) MOB AD (25 September 2006 to 30 September 2007) / HD RA (1 October 2007 to 16 September 2010) / NA Retained on AD (17 September 2010 to 15 November 2010) / NA Retained on AD (16 November 2010 to 6 June 2011 and concurrently until 9 June 2011) e. Overseas Service / Combat Service: SWA / Kuwait/Iraq (12 September 2005 to 31 August 2006), Afghanistan (31 January 2010 to 6 August 2010) f. Awards and Decorations: ARCOM; AGCM; NDSM; ACM-CS; ICM-2CS; GWOTSM; HSM; NCOPDR; ASR; OSR-2; AFRM-M DEV g. Performance Ratings: 6 NCOERS: February 2006 thru September 2006, Among the Best 25 September 2006 thru 8 June 2007, Fully Capable 9 June 2007 thru 10 December 2007, Fully Capable 11 December 2007 thru 10 December 2008, Fully Capable 11 December 2008 thru 10 December 2009, Fully Capable 11 December 2009 thru 4 August 2010, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 3 March 2011, for wrongfully using marijuana between 1 February 2011 and 14 February 2011. The punishment consisted of a reduction to E-4, forfeiture of $1,162 pay per month for two months (suspended), and 45 days of extra duty. Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 7 October 2019. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of her discharge from general (under honorable conditions) to honorable. The applicant's available record of service and the issues submitted with her application were carefully reviewed. After carefully examining the applicant's available military records, there are insufficient mitigating factors to make a determination upon the quality of her service and the merit of her issues. The applicant's record is void of the documentary evidence on the specific facts and circumstances surrounding the event which led to her discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature. The DD Form 214 identifies the reason and characterization of the discharge. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. Although the applicant is scheduled for a personal appearance hearing, it would be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete 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. 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 she should have been retained on Active Duty. The applicant contends that she is currently with a VA homeless program. Further information provides that eligibility for housing supportive program benefits for Veterans does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should remain in contact with a local office of the Department of Veterans Affairs for further assistance. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1- 877-424-3838 for free and confidential assistance. The applicant contends that an upgrade of her discharge would allow educational benefits through the use of the GI Bill and obtain the help she needs. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Counsel / Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at Warner Robins AFB, GA on 4 February 2020, and by a 4-1 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. in-service and post-service diagnoses of OBHI and PTSD), homelessness, a prior period of honorable service, 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 the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / RE-1 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 AR20190012833 5