1. Applicant’s Name: a. Application Date: 27 March 2015 b. Date Received: 20 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would allow him to take advantage of the educational benefits to further his education, so that he may become a productive member and to provide for his new family. His original ETS date was on 29 May 2014 (ERB 29 November 2014); however, a week before he was set to be discharged, he got wrapped up in some reckless behavior with other Soldiers in his barracks. The applicant detailed the events surrounding the incidents of misconduct that became the basis for his discharge. Subsequently, while getting ready to sign out and receive his discharge, he was told not to leave and that he was not being discharged because he was under investigation. The next day he was drug tested and passed. He ended up performing his normal duties and was finally released on 23 October 2014, without much explanation as to why he was given the GD characterization of service. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses (drug use). Mental Status Evaluation from 18 August 2014 indicated diagnosis of Alcohol Abuse which he met medical retention requirements for. He screened negative for PTSD and TBI. On Report of Medical History, applicant reported history of anxiety and depression along with recreational use of cough medicine. CID report indicated applicant had past use of bath salts and spice. The Active Duty electronic medical records were reviewed and revealed ASAP treatment from September 2011- February 2012 for alcohol and substance use. No further behavioral health treatment until April 2014 following his arrest for stealing cough medicine and CID investigation for bath salts. Medical records revealed treatment for Adjustment disorder with Anxiety and depression from APR-AUG 2014. Based on the evidence provided, the behavioral health conditions were not a mitigating factors for misconduct that led to the separation action of the respondent from the Army. In a records review conducted at Arlington, VA on 3 August 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 23 October 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 October 2014 (2) Basis for Separation: On 26 April 2014, the applicant failed to obey two lawful orders issued by MG M by possessing and using spice. In addition, he tried to steal cough medicine from the local Post Exchange. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 3 October 2014 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 6 October 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 November 2011 / 3 years and 30 weeks b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 108 c. Highest Grade Achieved/MOS/Total Service: E-4 / 91P10, Self-Propelled Artillery Systems Maintainer / 3 years, 11 months, and 23 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: AGCM; NDSM; GWTSM; ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Negative counseling statement for being apprehended at the Post Exchange; shoplifting; being transferred to CID for further questioning; and admitting to previously smoking spice. CID Report, dated 30 May 2014, indicates the applicant was the subject of an investigation for wrongful use of synthetic cathinones (unfounded), and failing to obey general order or regulation AR 600-85 and off-limits restriction. Report to Suspend Favorable Personnel Actions (FLAG), dated 2 July 2014, indicates the unit commander initiated the FLAG, effective 6 May 2014, for involuntary separation proceedings. Orders 196-1338, dated 15 July 2014, in pertinent part, indicates a reporting date to transition point on 29 November 2014, date of release from active duty unless changed/rescinded on 29 May 2014, and an ETS date of 29 November 2014, pursuant to AR 635-200. Orders 206-1303, dated 25 July 2014, amended Orders 196-1338, dated 15 July 2014, and the date of release from active duty from 29 May 2014 to 29 November 2014, pursuant to AR 635-200. Report of Mental Status Evaluation, dated 18 August 2014, indicates the applicant was diagnosed with alcohol abuse, and was psychiatrically cleared for any administrative action deemed appropriate by his command. FG Article 15, dated 20 August 2014, for three specifications of disobeying a lawful order by wrongfully going to an off-limits establishment; by wrongfully using spice; and by wrongfully using a synthetic cannabinoid on 26 April 2014, and committing larceny on 26 April 2014. The punishment consisted of a reduction to E-1, forfeiture of $767.00 pay per month for two months (suspended), and 14 days of extra duty and restriction. Orders 283-1314, dated 10 October 2014, in pertinent part, changed or rescinded date of discharge from 29 November 2014 to a reporting date of 23 November 2014, pursuant to AR 635-200. Enlisted Records Brief, dated 30 October 2014, indicates an ETS date of 29 November 2014. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DD Form 2807-1 (Report of Medical History), dated 30 June 2014, indicates the applicant noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge or Dismissal), dated 27 March 2015, with a self-authored statement; DD Form 214; two supporting statements; and a college estimated award letter for period 6 April 2015 to 23 December 2015, and its associated documents. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of his discharge from general (under honorable conditions) to honorable. The applicant’s record of service, and 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. The applicant has expressed his desire take advantage of the educational benefits to further his education, so that he may become a productive member of society and to provide for his new family. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's 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. The applicant contends the discharge was unjust because he was retained beyond his original ETS date. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant’s and his supporting statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 3 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. 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 (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008868 5