1. Applicant’s Name: a. Application Date: 24 February 2016 b. Date Received: 2 March 2016 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 would like an upgrade of his discharge for the purpose of being able to use his GI Bill benefits for higher education. He contends during the timeframe when he was reprimanded for using Spice, he did not view the supplement as a drug because you could purchase it at a local gas station. He was 21 years old and at the time he viewed it just like buying alcohol. He never engaged in the activity while on duty nor did he miss any formations due to the use. He was an outstanding Soldier other than using Spice which he did take responsibility for; however, he was discharged when he wanted to make the military a career. In a personal appearance hearing conducted at Arlington, VA on 22 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 (Drug Abuse) / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 30 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 February 2011 (2) Basis for Separation: The applicant was informed of the following reason: violating 82nd Airborne Division Regulation Number 190-2, dated 30 November 2010, by possessing “Spice.” (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 March 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 9 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 26 February 2008 / 4 years and 16 weeks b. Age at Enlistment/Education/GT Score: 18 years / HS Graduate / 125 c. Highest Grade Achieved/MOS/Total Service: E-3 / 11B10, Infantryman / 3 years, 1 month, and 5 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Afghanistan (29 August 2009 – 26 August 2010) f. Awards and Decorations: ARCOM, ACM-w/CS, GWOTSM, ASR, OSR, NATO MDL g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Military Police Report, dated 29 November 2010, which shows the applicant was the subject of investigation for failure to obey a general order – contraband (spice) FG Article 15, dated 21 January 2011, for failure to obey a lawful general regulation, to wit; paragraph 4(r), 82nd Airborne Division Regulation 190-2, dated 17 February 2010, by wrongfully possessing “Spice.” The punishment consisted of a reduction to E-1, forfeiture of $733.00 pay per month for two months, and 45 days extra duty and restriction. DA Form 4856 (Developmental Counseling Form), dated 24 November 2010, for possessing of a bag of the contraband “Spice.” i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Behavioral Health Evaluation, dated 27 January 2011, which shows the applicant was diagnosed with Axis 1 for other substance abuse (synthetic cannabinoid “spice”) h/o cannabis abuse. It was noted in the remarks section that the applicant had reported adolescent history of depression (EPTS) that fully resolved but noted relapse on cannabis just prior to OEF X deployment. The applicant indicated he attended one ASAP session in December 2010 but had not returned since. Based on the evaluation and review of his records, there was no evidence of a disqualifying psychiatric condition at that time. Therefore, the applicant was psychiatrically cleared for administrative action and/or separation as his command deemed appropriate. 5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293, dated 24 February 2016; OMPF (to include separation packet and enlistment documents); and a copy of his DD Form 214, dated 30 March 2011. 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 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 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. The applicant seeks relief contending, that during the timeframe when he was reprimanded for using Spice, he did not view the supplement as a drug because you could purchase it at a local gas station. He was young (21 years old) and at the time he viewed it just like buying alcohol. He never engaged in the activity while on duty nor did he miss any formations due to the use. The applicant’s contentions were noted; however, it was a policy of the 82nd Airborne Division Regulation Number 190-2, dated 30 November 2010, that the possession of Spice was a violation for the drug policy which the applicant should have been aware of at the time. The applicant contends he was an outstanding Soldier other than using Spice which he did take responsibility for. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended for his accomplishments. Also, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant’s generally good record of service was the basis for him receiving a GD instead of the normal UOTHC discharge. The applicant also contends he was young at the time of discharge. The record shows 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 expressed his desire for an upgrade of his discharge for the purpose of being able to use his GI Bill benefits for higher education. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: Letters of Recommendation – 2 pages b. The applicant presented the following additional contentions: Change narrative reason and character of discharge c. Witness: Yes (mother) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 22 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20160005392 3