1. Applicant’s Name: a. Application Date: 16 October 2015 b. Date Received: 2 November 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 effect, he wants to become a US citizen and improve his past record for his future. He has matured and does not use drugs as drugs has no place in his future. In a records review conducted at Arlington, VA on 7 December 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 (Drug Abuse) / AR 635-200 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 15 September 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 August 2009 (2) Basis for Separation: The applicant was informed of the following reasons: participated in the consumption and/or usage of controlled substances on several occasions; and, AWOL (19 February 2009 to 24 March 2009). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 August 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 January 2008 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 17 / GED / 91 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 1 year, 4 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 30 January 2009, reflects the applicant tested positive for marijuana during an Inspection Unit (IU) urinalysis testing conducted on 5 January 2009. Electronic Copy of DD Form 2624, dated 5 February 2009, reflects the applicant tested positive for ecstasy and marijuana during an Inspection Unit (IU) urinalysis testing conducted on 27 January 2009. Department of the Army Report of Result of Trial reflects the applicant was charged with: Violation of the UCMJ, Article 86, AWOL (from 19 February 2009 to 24 March 2009). Violation of the UCMJ, Article 112a, for wrongful use, possession, of a controlled substance (five specifications) (between 5 December 2008 and 17 February 2009). The sentenced adjudged: Forfeiture of $933 pay and confinement for 30 days. Five Personnel Action forms reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY)” to “AWOL,” effective 19 February 2009; From “AWOL” to “Civilian Confinement,” effective 24 March 2009; From “Civilian Confinement” to “PDY,” effective 4 May 2009; From “PDY” to “Military Confinement,” effective 22 July 2009; and, From “Military Confinement” to “Present for Duty,” effective 11 August 2009. i. Lost Time / Mode of Return: 92 days 73 days (AWOL and Civilian Confinement, 19 February to 3 May 2009) 19 days (Military Confinement, 22 July - 10 August 2009) j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 14 May 2009, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with (Axis I) Substance Abuse. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of “JKK” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Misconduct (Drug Abuse). 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under 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 be retained on active duty. 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 his service. The applicant contends that an upgrade of his discharge will allow him to become a US citizen. However, the Board does not grant relief for the purpose of becoming a US citizen. 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 7 December 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/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: Microsoft Office Signature Line... 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