1. Applicant's Name: a. Application Date: 15 November 2015 b. Date Received: 23 November 2015 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 or general (under honorable conditions). The applicant seeks relief contending, in effect, he would like an upgrade for the purpose of being able to receive his GI Bill benefits. He contends his discharge was based on one isolated incident in 84 months of good service. He regrets his actions and has paid his dues. He believes being discharged was too much for his actions of misconduct. In a records review conducted at Arlington, VA on 8 March 2017, 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 b. Date of Discharge: 22 January 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 December 2003 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully used cocaine (between 7 October 2003 and 14 October 2003); and, failed to report for formation at the prescribed time on divers occasions (20 August, 3 and 22 September 2003). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Waived, 4 December 2003 (5) Administrative Separation Board: Waived, 4 December 2003 (6) Separation Decision Date / Characterization: Undated / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 May 2001 / 4 years b. Age at Enlistment / Education / GT Score: 30 / GED / 104 c. Highest Grade Achieved / MOS / Total Service: E-6 / 13D20, Field Artillery Auto Fire Control Systems Specialist / 7 years, 9 months, 6 days d. Prior Service / Characterizations: RA, 17 April 1996 to 4 May 1998 /HD RA, 5 May 1998 to 30 April 2001 / HD e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: AAM, AGCM, NDSM, NOPDR, ASR g. Performance Ratings: March 2001 thru February 2002, Fully Capable March 2002 thru February 2003, Fully Capable March 2003 thru October 2003, Marginal h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 7 October 2003, for failure to go at the time prescribed to his appointed place of duty (20 August 2003, 3 and 20 September 2003). The punishment consisted of extra duty and restriction for 14 days. DD Form 2624, dated 20 October 2003, reflects the applicant tested positive for cocaine during an Inspection Unit (IU) urinalysis testing conducted on 14 October 2003. CG Article 15, dated 30 October 2003, for the wrongful use of cocaine, a controlled substance (between 7 October 2003 and 14 October 2003). The punishment consisted of reduction to E-5 forfeiture of $1019 pay per month for two months, and extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 26 November 2003, reflects the applicant was evaluated by Division Mental Health Services (DMHS) and due to his alcohol abuse problems, it was recommended that the command consider an administrative separation. The applicant did not meet the criteria for a MEB. There was no evidence of any emotional or mental conditions of sufficient severity to warrant disposition through medical channels. There was no evidence of a psychiatric condition, which would prevent him from participating in any legal or administrative actions. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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(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 FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions). 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 good order and discipline. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a Soldier. The applicant, as a noncommissioned officer, 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 diminished the quality of his service below that meriting an honorable or general (under honorable conditions) discharge. 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 that his discharge was based on one isolated incident in 84 months of good service. He believes being discharged was too much for his actions of misconduct. The applicant's contentions were noted; however, although an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service. The applicant expressed his desire for an upgrade for the purpose of being able to receive his GI Bill benefits. However, 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 record does not contain any indication or evidence of arbitrary or capricious actions by the command and 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. 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 8 March 2017, 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 a New Separation Order: 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: 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 AR20150018430 1