1. Applicant's Name: a. Application Date: 17 August 2019 b. Date Received: 19 September 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, his discharge from the Army was unjust due to the fact that he was discharged before being properly treated for PTSD. He is 100 percent disabled through the VA for PTSD with intermittent explosive order. 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; Adjustment Disorder with anxiety; Alcohol Abuse; Anxiety Disorder, unspecified; Depression with Anxiety; PTSD. The applicant is 100% service connected for 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 30 September 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (diagnosis of OBH, and service-connected PTSD diagnosis), and prior period of honorable service. 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: 19 April 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 8 March 2013 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully used amphetamine x2, a scheduled II controlled substance (20 August 2012 and 9 October 2012); and he wrongfully used methamphetamine x2, a scheduled II controlled substance (20 August 2012 and 9 October 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 March 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 March 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 August 2011 / 400 days / OAD / Order amended 25 February 2013 / AD period end date 16 September 2013 b. Age at Enlistment / Education / GT Score: 28 years / GED Certificate / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 9 years, 2 months, 3 days d. Prior Service / Characterizations: RA, 17 February 2004 to 16 April 2004 / UNC USAR, 22 September 2007 to 17 August 2011 / NA (Concurrent Service) e. Overseas Service / Combat Service: SWA / Afghanistan, 18 September 2011 to 12 July 2012 f. Awards and Decorations: NDSM, ACM-CS, GWOTSM, AFRM-"M" DEV, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test code IR (Inspection Random), dated 20 August 2012 and 9 October 2012, both for Amphetamine and Methamphetamine. Military Police Report, dated 27 August 2012, relates the applicant was drunk and disorderly, resisting apprehension, assault on a law enforcement officer, and driving while license revoked on post. CID Report of Investigation, dated 7 November 2012, reflects the applicant was under investigation for wrongful use of amphetamine and methamphetamine. Report of Mental Status Evaluation, dated 11 January 2013, revealed the applicant had an Axis I diagnosis of an adjustment disorder. He met retention standards prescribed in Chapter 3, AR 40-501. There was no sufficient evidence of mental defect, emotional illness or psychiatric disorder to warrant disposition through military medical channels. He was mentally responsible, could distinguish right from wrong and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. the proceedings and was mentally responsible. There was no evidence of any psychiatric condition which would warrant disposition through medical channels. He was psychiatrically cleared for any administrative action deemed appropriate by his command. FG Article 15 dated, 22 January 2013, for wrongful use of amphetamine, a scheduled II controlled substance (20 August 2012); wrongful use of methamphetamine, a scheduled II controlled substance (20 August 2012); resist being apprehended by Officers M.H., A.C., W.K., and E.T., armed force policemen, authorized to apprehend him (27 August 2012); commit an assault upon Officer E.D., by striking with his arm (27 August 2012); and drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces (27 August 2012); reduction to PVT / E-1, forfeiture of $745 pay for two months, extra duty and restriction for 45 days and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Record of inpatient treatment, dated 23 January 2013, shows the applicant was diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct and polysubstance abuse. Chronological record of medical care, dated 27 March 2013, indicated the applicant was diagnosed with depression with anxiety. VA benefits letter, dated 6 February 2019, revealed the applicant had an evaluation of PTSD with intermittent explosive disorder and received a rating of 70 percent disabling, which was increased to 100 percent, effective 16 January 2019. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); VA benefits letter (two pages); VA rating decision (three pages); DD Form 214; discharge orders 103-1317; group life insurance election and certificate; record of emergency data, DA Form 2-1 (four pages); active duty medical documents (582 pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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. 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 record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. 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 diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 seeks relief contending, his discharge from the Army was unjust due to the fact that he was discharged before being properly treated for PTSD. The service record contains no evidence of PTSD diagnosis while on active duty 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 is 100 percent disabled through the VA for PTSD with intermittent explosive order. The applicant provided VA benefits letter, which shows he had an evaluation of PTSD with intermittent explosive disorder and received a rating of 70 percent disabling, which was increased to 100 percent, effective 16 January 2019. 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 30 September 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (diagnosis of OBH, and service-connected PTSD diagnosis), and prior period of honorable service. 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 AR20190014441 4