1. Applicant's Name: a. Application Date: 3 October 2019 b. Date Received: 6 November 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, in she failed an Army urinalysis, which tested positive for marijuana, in 2014. The applicant states, this was totally out of character for her and she was unaware that this could ruin her Army career. In 2014, she was barely a new Soldier and was already dealing with depression. The applicant had no idea where the depression came from, but it caused her to make some bad choices. Smoking marijuana became her gateway to escape from responsibilities instead of seeking real help to deal with depression. Since her separation from the Army, she has found it very difficult to find jobs and careers due to the type of her discharge. The applicant has found a many veteran's resource groups, which has helped her to where she is today. The applicant has participated in groups and therapy sessions, which have helped her daily. The applicant has a service-connected disability and has been in and out of hospitals since 2014, trying to figure out what is wrong. The applicant is sad to say she has been diagnosed with schizophrenia as of 2019. The applicant believes her discharge is improper because before 2014, she was coping with a disability that she did not know she had. The applicant has documentation that provides proof of her condition. Now, the applicant is being provided treatment through veteran services and with the proper medication and therapy, she is able to work a job. Now, she requests the Army to reconsider her discharge as she no longer conducts herself in ways that could lead up to punishment of this sort. The applicant offers her apology to her recruiter and the United States Army for her poor choices and has accepted the trials she has been through during the last couple years, as a testimony. She is a better person today because she accepts responsibility for her actions and makes huge sacrifices. Currently, her discharge is a life setback and hinders her from moving forward. The applicant is thankful for the Board's review of her case and hopes the evidence she provides will prove she is worthy of a positive decision. The values she learned in service has always stayed with her and failing a urinalysis was wrong, but it does not stop her from making the situation right again. Though she did not know exactly why she did it, she certainly does now. She was younger and a much more naive. 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 depressed mood; Cannabis Abuse; Cannabis-Related Disorders. The applicant is 70% service connected for Psychosis, Disorganized Schizophrenia. The VA has also diagnosed the applicant with Schizophrenia. 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 28 October 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, the circumstances surrounding the discharge (diagnosis of OBH), homelessness. 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. (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: 12 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 September 2014 (2) Basis for Separation: The applicant was informed of the following reasons: Wrongfully used marijuana, a schedule I controlled substance, between on or about 20 May 2014 and or about 20 June 2014. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 16 September 2014, the applicant waived her rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 September 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 September 2012 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 20 / some college / 87 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 2 years, 2 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 2 July 2014, reflects the applicant tested positive for THC 73 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 20 June 2014. CID Report of Investigation - Initial Final, dated 28 August 2014, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Use of a Controlled Substance when she submitted a urine specimen, which subsequently tested positive for THC. Commander's Report, dated 17 September 2014, reflects the applicant received a FG Article 15, dated 13 August 2014, for wrongfully using marijuana and was found guilty. The punishment consisted of a reduction to E-1; and, 45 days extra duty. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of her VA medical treatment records, which reflects the applicant was diagnosed with Schizophrenia. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; VA medical treatment records; self-authored statement; HOME Program completion letter. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has successful completed therapy and no longer behaves in the manner that led to her discharge. 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 her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her 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 her service. The record confirms that the applicant's discharge was appropriate because the quality of her 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 she should have been retained on Active Duty. The applicant contends that she was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends the VA has granted her a service connected disability for schizophrenia. The applicant contends it was this previously undiagnosed condition, which affected her behavior and led to her discharge. 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 applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that she knew the difference between what was right and wrong. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant contends that an upgrade of her discharge will allow her to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 28 October 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, the circumstances surrounding the discharge (diagnosis of OBH), homelessness. 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. 10. 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 / 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 AR20200001026 5