1. Applicant's Name: a. Application Date: 7 July 2012 b. Date Received: 5 July 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 did not submit any issues of equity or propriety to be considered by the Board. In a records review conducted at Arlington, VA on 15 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 / AR 635-200, Paragraph 14-12c / JQA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 3 August 2002 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 22 July 2002 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he received his first Article 15 for wrongfully using Methylenedioxymethamphetamine (MDMA) (XTC) on divers occasions (3 April 2002); and he received his second Article 15 for being drunk while on duty (12 July 2002). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 July 2002, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 July 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 1999 / 4 years b. Age at Enlistment / Education / GT Score: 19 years / 1 year of college / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 2 years, 7 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, ASR, OSR, NATO MDL, KCM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test code IU (Inspection Unit), dated 28 January 2002, for MDMA, CID Report of Investigation, dated 26 February 2002, indicating the applicant was under investigation for wrongful possession and use of hallucinogens. FG Article 15 dated, 3 April 2002, on several diverse occasions, approximately five times, wrongfully used methylenedioxymethamphetamine (MDMA), a Schedule I controlled substance (1 August 2001 and 31 January 2002); reduction to PVT / E-1, forfeiture of $552 pay for two months (suspended), extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 19 June 2002, shows the applicant met the retention standards prescribed in Chapter 3, AR 40-501, and there was no psychiatric disease or defect which warrants disposition through medical channels. He was mentally responsible, able to distinguish right from wrong and to adhere to the right, and has the mental capacity to understand and participate in administrative I board proceedings. He psychiatrically cleared for any administrative action deemed appropriate by Command. A negative counseling statement, dated 1 July 2002, for being drunk on duty. CG Article 15, dated 15 July 2002, for without authority, fail to go at the time prescribed to his appointed place of duty (28 June 2002); and found drunk while on duty as a cavalry scout (28 June 2002); forfeiture of $257 pay, extra duty and restriction for 14 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); e-Grades, San Diego Community College District; photocopy ID card; and a letter, Director, Case Management Division. 6. POST SERVICE ACCOMPLISHMENTS: College student in good standing with GPA of 3.73 according to e-Grade printout from San Diego Community College District. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 documents submitted with his application were carefully reviewed. The applicant did not submit any issues of equity or propriety to be considered by the Board. However, 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 marred the quality of his service by wrongfully using Methylenedioxymethamphetamine (MDMA) (XTC) on diver's occasions and he received his second Article 15 for being drunk while on duty. 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 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 15 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 AR20160012345 1