1. Applicant's Name: a. Application Date: 17 June 2016 b. Date Received: 20 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, her discharge was inequitable because she served honorably and had a single isolated incident within 5 years 10 months and 29 days of service of an initial six year contract with no adverse actions. She states, it has been a true honor to serve the country and she joined the military, after graduating from college, to do something with her life where the focus was off of herself and put onto others. The trials and tribulations that she had encountered throughout her military career have made her stronger mentally and physically. Additionally, it taught her who she is as a person and the resiliency that she has inside along with the true definition of leadership and what it means to put others needs before her own; and, to have the intestinal fortitude to stand up for the truth at all times. She is proud to have made the decision to serve and will always promote and support the United States Military. She states, giving of one's self through service to others is more about one's attitude and perspective than how much one has and how talented one is and what one gives financially. Throughout this entire ordeal while serving, she chose to continue her service to others despite her personal affairs at that time. Soldiers that she had the privilege to take to promotion boards are now serving proudly and strongly as Non Commissioned Officers and/or Commissioned Officers. She is no longer a part of the Corps, but with what she has acquired from the outstanding leadership that she was blessed to be a part of, she continues to treat her leaders, peers, subordinates and all men and women with the Army values that were bestowed upon her throughout her military career. She unequivocally denies that she knowingly or consciously consumed marijuana or THC in any form or fashion. She states she fought through four breast surgeries and numerous complications to be physically eligible to become a commissioned officer. She would never have done anything to jeopardize that opportunity nor would she have been stupid enough to partake in illegal drug activity and believe that she would be able to get away with it. She has been punished for the failed urinalysis and chaptered out the Army with a general discharge. She respects her chain of command and understands that the mere fact of failing a urinalysis brought forth her Article 15 and chapter in lieu of her past behavior, work ethic performance and character that she exhibited within the Army. She asks for the Board's mercy to upgrade her discharge. Her current discharge makes her ineligible for some VA benefits and government or state employment opportunities. She would never have put her livelihood of herself and her mother in jeopardy for any illegal activity. She states she is not perfect and as a leader she understands that she must take responsibility for failing the urinalysis, which she has done repeatedly. Additionally, she understands that the situation not only affected her, but her company and the unit as a whole. In a records review conducted at Arlington, VA on 8 September 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: 3 September 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 May 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 4 January 2015, she tested positive for marijuana, resulting in dismissal from Officer Candidate School. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 28 May 2015 (5) Administrative Separation Board: On 28 May 2015, the applicant conditionally waived consideration of her case before an administrative separation board, contingent upon her receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 17 January 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 October 2009 / 6 years, 30 weeks b. Age at Enlistment / Education / GT Score: 25 / Bachelor's Degree / 119 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25Q10, Multichannel Transmission Systems Operator-Maintainer / 5 years, 10 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, KDSM, NCOPDR, ASR, OSR g. Performance Ratings: 1 May 2011 - 30 April 2012, Among The Best 1 May 2012 - 30 April 2013, Among The Best 1 May 2013 - 18 March 2014, Among The Best 19 March 2014 - 5 December 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 20 January 2015, reflects the applicant tested positive for THC 35 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 4 January 2015. CID Report of Investigation - Final, dated 30 January 2015, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Use of a Marihuana as determined by a positive urinalysis. Memorandum, dated 11 February 2015, reflects the applicant was dismissed from Officer Candidate School, for "Misconduct (positive urinalysis)." FG Article 15, dated 31 March 2015, for wrongfully using marijuana (between 4 December 2014 and 4 January 2015). The punishment consisted of a reduction to E-4; forfeiture of $587 pay; extra duty for 45 days; and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 24 March 2015, 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 an Occupational Problem (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; copies of her military award certificates, diplomas and evaluations; four character statements; polygraph results; course dismissal appeal; college transcripts and job offer letter. 6. POST SERVICE ACCOMPLISHMENTS: Pursuing her Master's degree. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The applicant, as a NCO, 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 her service. The record confirms that the applicant's discharge was appropriate because the quality of her 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 she should have been retained on Active Duty. The applicant contends that she never knowingly or consciously used marijuana. However, 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 her overall service record. The applicant contends that she had good service. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant contends that an upgrade of her discharge would allow VA 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize her good conduct in the Army; however, the character reference statements were considered by the separation authority at the time of the separation proceedings. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant contends that an upgrade of her discharge will allow her 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 8 September 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160011365 6