1. Applicant's Name: a. Application Date: 2 January 2016 b. Date Received: 22 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, since being released form the military he has been a model citizen living up to American standards; and had no issues with governing laws besides traffic tickets. He realized his actions as a 21 year old still affects his life at the age of 32. His focus in life is his family and being able to provide them with everything they deserve. In a records review conducted at Arlington, VA on 7 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, circumstances surrounding his discharge, and post-service accomplishments as annotated in the case report and directive, and as a result it is now inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 11 July 2005 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant tested positive for marijuana. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 26 May 2005, the applicant waived legal counsel. (5) Administrative Separation Board: He also waived consideration of his case by an administrative separation Board. (6) Separation Decision Date / Characterization: 24 June 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 October 2002 / 4 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25D10, Telecommunications Operator / Maintainer / 2 years, 8 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea x2 f. Awards and Decorations: NDSM, GWOTSM, KDSM-2, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: A positive urinalysis test coded IR (Inspection Random), dated 4 January 2005, for THC. CID Report of Investigation, dated 19 January 2005, revealed the applicant was under investigation for wrongful use of marijuana. FG Article 15, dated 8 February 2005, for wrongful use of marijuana (26 December 2004); reduction to PFC / E-3, extra duty and restriction for 45 days. A negative counseling statement dated, 28 February 2005, for notification of pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 10 March 2005, revealed that the applicant had an Axis I diagnosis of cannabis abuse. He met the retention standards prescribed in Chapter 3, AR 40-501, and there was no psychiatric reason that warrants disposition through medical channels. He was psychiatrically cleared for any administrative action deemed appropriate by Command. 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application he is a full time student at Texas Southern University with a 3.75 / 4.0 grade point average. He is an active member of his community and involved in various organizations; such as TSU Honor Society, Student Veteran Association of America, Collegiate 100, The Mission Continues and GrammyU. He also is an active member of St. James 429 A.F & A.M. Masonic Lodge. 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. 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. 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 diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 she should have been retained on Active Duty. The applicant seeks relief contending, since being released form the military he has been a model citizen living up to American standards; and had no issues with governing laws besides traffic tickets. The applicant is to be commended for his efforts. However, this contention 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 further contends, he realized his actions as a 21-year-old still affects his life at 32 years. The record shows that the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant also contends, his focus in life is his family and being able to provide them with everything they deserve. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant's post-service accomplishments have been noted as outlined on the application. 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 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, circumstances surrounding his discharge, and post-service accomplishments as annotated in the case report and directive, and as a result it is now inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160003480 1