1. Applicant's Name: a. Application Date: 25 July 2019 b. Date Received: 9 January 2020 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, his discharge was inequitable because it was based upon a single incident, which was one isolated occurrence of drug use in 20 months of service, with no other adverse actions. The drug in question was marijuana and occurred after a combat tour of Afghanistan and no other disciplinary action was offered under the UCMJ. The applicant has applied to the VA for a claim of PTSD, related to the combat tour in country. The Army could have simply sent him to a class for substance abuse and provided a lesser discipline under Article 15, UCMJ, but the reaction from the Army was by an NCO who had not deployed with the unit. The applicant successfully completed the substance abuse requirement imposed by the Army, at Cumberland Hall, a civilian program where the applicant spent 45 days of treatment. The applicant states, he was then separated without rhyme or reason. 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 Anxiety Disorder NOS; Alcohol Dependence; Cocaine Related Disorders; Combined Drug and Alcohol Use; Reaction to Chronic Stress. While he has not formally been diagnosed with PTSD, the description of his BH symptoms in his military medical record is typical of the symptoms seen in soldiers with combat related PTSD The applicant is in the process of applying for service connection; but, at the present time, he is not eligible for VA benefits due to the character of his discharge. 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 2020, and by a 3-2 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 (OBH and PTSD symptoms), and homelessness. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 21 September 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 July 2011 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c(2), Misconduct, Abuse of Illegal Drugs, the applicant was informed of the following reasons: He tested positive for the use of marijuana on 15 December 2010; In addition, he was absent from his unit from on or about 30 November 2010 to on or about 11 December 2010; from on or about 17 March 2011 to on or about 17 April 2011; and, from on or about 7 June 2011 to on or about 14 June 2011; and, He had failed to report to his appointed place of duty on numerous occasions. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 24 August 2011 (5) Administrative Separation Board: On 24 August 2011, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: On 15 September 2011, 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: 5 October 2009 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 1 year, 11 months, 1 day d. Prior Service / Characterizations: RA, 27 February 2008 - 27 March 2008 / UNC e. Overseas Service / Combat Service: SWA / Afghanistan (16 August 2010 - 30 November 2010) f. Awards and Decorations: ACM-CS, NDSM, GWOTSM, ASR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624, reflects the applicant tested positive for THC (marijuana), during an Inspection Other (IO) urinalysis testing, conducted on 15 December 2010. Report of Behavioral Health Evaluation, dated 24 January 2011, reflects the applicant was mentally responsible with a clear thinking process and had the mental capacity to understand and participate in the proceedings. FG Article 15, dated 8 March 2011, for with intent to avoid hazardous duty upon completions of authorized leave, quit his unit in desertion (between 30 November and 10 December 2010); and, wrongfully used marijuana (17 November and 15 December 2010). The punishment consisted of a reduction to E-2; forfeiture of $822 pay per month for two months (suspended); extra duty for 30 days; restriction for 30 days (suspended); and, oral reprimand. Record Of Supplementary Action Under Article 15, UCMJ, dated 21 March 2011, reflects the suspended portion of the punishment imposed on 8 March 2011, was vacated because the applicant failed to go at the time prescribed to his appointed place of duty on 10 March 2011. Nine Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 30 November 2010; From "AWOL" to "PDY," effective 11 December 2010; From "PDY" to "AWOL," effective 17 March 2011; From "AWOL" to "Dropped From Rolls (DFR)," effective 16 April 2011; From "DFR" to "PDY," effective 17 April 2011; From "PDY" to "AWOL," effective 7 June 2011; From "AWOL" to "PDY," effective 14 June 2011; From "PDY" to "AWOL," effective 3 August 2011; and, From "AWOL" to "PDY," effective 16 August 2011. Record of Trial by Summary Court-Martial, dated 14 July 2011, reflects the applicant was charged with five specifications of Article 86, UCMJ. The applicant was found guilty of all five specifications, consistent with the plea: Specification 1: AWOL between 7 and 14 June 2011; Specification 2: AWOL between 17 March and 17 April 2011; Specification 3: Fail to go at the time prescribed to his appointed place of duty on 14 March 2011; Specification 4: Fail to go at the time prescribed to his appointed place of duty on 11 March 2011; and, Specification 5: Fail to go at the time prescribed to his appointed place of duty on 1 March 2011. The Sentence adjudged: Reduction to E-1 and restriction for 60 days. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 61 days AWOL, 30 November 2010 - 11 December 2010 / NIF AWOL, 17 March 2011 - 17 April 2011 / NIF AWOL, 7 June 2011 - 14 June 2011 / NIF AWOL, 3 August 2011 - 13 August 2011 / NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Affidavit; NPRC letter; Permanent Orders 321-011; Petitioner's Response letter; US Court of Appeals for Veterans Claims Order. 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. 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. 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 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 the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends he was suffering from undiagnosed PTSD, which affected his behavior and led to his discharge. However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. Further, the record shows that on 24 January 2011, the applicant underwent a behavioral health evaluation, which indicates he was mentally responsible, with thought content as clear, 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 behavioral health status evaluation. The applicant contends he was separated without rhyme or reason and not offered a lesser UCMJ action. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command, all requirements of law and regulation were met, and, the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. Further, 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. 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 13 November 2020, and by a 3-2 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 (OBH and PTSD symptoms), and homelessness. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change 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 AR20200000586 1