1. Applicant's Name: a. Application Date: 6 January 2016 b. Date Received: 11 January 2016 c. Counsel: 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 received a FG Article 15 for unlawful use of cocaine. Knowing that he had never used cocaine in any form, he paid to have tests performed, to include blood, hair follicle, toenail and finger nail tests, which all reflected that he did not test positive for cocaine use or any other type of drug. He also found research that shows that a kidney or liver infection can cause a false positive on a drug test. His medical records reflect that he did in fact have high creatinine levels due to a kidney infection at the time of the drug test. He believes that the evidence that he has supports his contention that he was not under the influence of cocaine at the time of the drug test and proves that he had never used cocaine or any other type of drug in his life. The upgrade would allow him better employment opportunities within the law enforcement community. In a records review conducted at Arlington, VA on 29 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 (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 17 September 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: Based on the separation authority's decision memorandum, the applicant was separated under Chapter 14, Paragraph 14-12c (2), Misconduct (Drug Abuse). (3) Recommended Characterization: NIF (4) Legal Consultation Date: 5 August 2015 (5) Administrative Separation Board: Conditionally waived, 5 August 2015, contingent upon him receiving a characterization of service of no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 19 August 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 March 2011 / 6 years b. Age at Enlistment / Education / GT Score: 34 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25S10, SATCOM System Operator/Maintainer / 7 years, 7 months, 25 days d. Prior Service / Characterizations: ARNG, 3 January 2008 to 30 May 2008 / HD (Concurrent Service) IADT, 23 January 2008 to 30 May 2008 / HD (Concurrent Service) RA, 23 January 2008 to 17 March 2011 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (19 January 2011 to 24 December 2011) and Kuwait (13 September 2013 to 1 June 2014) f. Awards and Decorations: ACM-2CS, ARCOM-2, AAM, AGCM-2, NDSM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR-2, NATOMDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 2 April 2015, reflects the applicant tested positive for COC 7327 (cocaine) during an Inspection Random (IR) urinalysis testing, conducted on 18 March 2015. Developmental Counseling Form, dated 14 April 2015, to inform the applicant of positive urinalysis result for cocaine, involuntary separation Flag, recommendation for FG Article 15, referral for a Mental Health Evaluation, command Referral to the Army Substance Abuse Program, and appoint with CID. FG Article 15, dated 3 June 2015, for wrongfully using cocaine (between 18 February and 18 March 2015). The punishment consisted of a reduction to E-4, forfeiture of $600 pay per month for two months (suspended for 90 days), and extra duty for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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 general (under honorable conditions) discharge to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant, as an NCO at the time of his misconduct, 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 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 contends that a medical condition contributed to his discharge from the Army. However, the evidence provided by the applicant was considered by the separation authority at the time of his separation proceedings. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. The applicant contends that an upgrade of his discharge will allow him 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 29 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 AR20160001563 1