1. APPLICANT’S NAME: a. Application Date: 30 March 2015 b. Date Received: 20 April 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant contends that in 2010 he applied for an upgrade to his discharge and was denied by the Board. He contends at the time of his previous application he made excuses for his actions instead of taking responsibility. He did not give his request the full respect it deserves by submitting it through the online application rather than appearing in person to speak to the Board on his behalf. When he received the Board’s decision denying his previous request, he felt it was final. He recently spoke to a VA representative and it was brought to his attention that it would be in his best interest to appeal and appear before the Board. The applicant’s previous records review was denied by the Board on 28 July 2010. In a personal appearance review conducted at Arlington, Virginia on 11 January 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions Discharge b. Date of Discharge: 18 October 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 May 2002 (2) Basis for Separation: The applicant was informed of the following reasons: misconduct, commission of a serious offense for wrongful use of marijuana on three occasions between 28 January 2001 - 28 February 2001, 24 September 2001 - 24 October 2001, and 11 November 2001 - 11 December 2001. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 May 2002 / 16 August 2002 (5) Administrative Separation Board: Waived (6) Separation Decision Date/Characterization: 18 September 2002 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 31 August 1999 / 5 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 121 c. Highest Grade Achieved/MOS/Total Service: E-2 / 31P, Microwave Systems Operator Maintainer / 3 years, 1 month, 18 days d. Prior Service/Characterizations: None2 e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: CID report, dated 21 March 2001 indicates the applicant was the subject of an investigation for wrongful use of a controlled substance. General Officer Memorandum of Reprimand dated 22 March 2001, for wrongfully using marijuana. DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 17 April 2001, wrongfully used a controlled substance (THC) between 28 January 2001 - 28 February 2001, The punishment consisted of reduction to E-1, forfeiture of $521,extra duty and restriction for 45 days, suspended, to be automatically remitted if not vacated before 14 October 2001 (FG). DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 8 August 2001, failing to go at the prescribed time to his appointed place of duty (12 July 2001) and willfully disobeyed a lawful order from the 1SG (11 July 2001). The punishment consisted of forfeiture of $200, suspended, to be automatically remitted if not vacated before 22 August 2001, and extra duty for 14 days (CG). DA Form 4856 (Developmental Counseling Form), dated 4 December 2001, for wrongful use of controlled substance as a result of a positive test for THC. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 30 March 2015. 6. POST SERVICE ACCOMPLISHMENTS: None. 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. 8. DISCUSSION OF ISSUE(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 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 the good order and discipline. 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 marred the quality of his service. The applicant contends at the time of his previous application he made excuses for his actions instead of taking responsibility. He did not give his request the full respect it deserves by submitting it through the online application rather than appearing in person to speak to the Board on his behalf. The issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process; nor is it associated with the discharge at the time it was issued. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: The applicant submitted no additional documents or contentions. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: N/A AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150006809 4