1. Applicant's Name: a. Application Date: 21 July 2016 b. Date Received: 25 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, he needs an upgrade to receive VA benefits; so he can find a decent job to better his life. He was a very good infantry Soldier. He was diagnosed with "Hep C," he was prescribed medication that caused depression and other health problems. He was very young and confused with what was happening in his life at the time and he made a mistake. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's medical or behavioral health conditions contributed to, but did not cause misconduct leading to an early separation. Mental Status eval on 9 July 2007 indicated no psychiatric condition and SM was cleared for admin action. In summary, SMs medical condition is related to his misconduct as he was likely experiencing significant difficulty adjusting to onset of acute hepatitis diagnosis and problems coping with emotional and physical changes to include stage 2 liver failure. In a records review conducted at Arlington, VA on 4 October 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, board judgement, and severe family matters and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 17 July 2007 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 18 June 2007 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; being AWOL x2 (11 January 2007 until 22 January 2007) and (2 April 2007 until 10 April 2007); he disobeyed a lawful command from MAJ D. (21 December 2006); he wrongfully used marijuana between (9 January 2007 and 8 February 2007); he wrongfully used cocaine between (1 February 2007 and 8 February 2007); he broke a set restriction (21 December 2006); and he was drunk and disorderly (10 March 2007). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 June 2007, the applicant consulted with legal counsel in reference to his offer to plead guilty on 21 May 2007, although his election of rights indicate he waived legal counsel. (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 29 June 2007 / Under Other Than Honorable Condition 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 October 2005 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 1 year, 7 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 1 December 2006, for a wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties (17 November 2006); reduction to PVT / E-1, forfeiture of $636 pay, extra duty and restriction for 45 days. Positive urinalysis test coded IU (Inspection Unit), dated 8 February 2007, for COC and THC. Military Police Report, dated 13 March 2007, revealed the applicant was under investigation for resisting apprehension, drunk and disorderly, on post. Alcohol Incident Report dated 10 March 2007, which was taken at Fort Hood, TX., in reference to the applicant. Copperas Cove Police Department, Misdemeanor Report dated 2 June 2007, in reference to the applicant committing the offenses of theft and drunk in public. Summary Court-Martial, dated 4 June 2007, the applicant was found guilty of being AWOL x2 (11 January 2007 until 22 January 2007) and (2 April 2007 until 10 April 2007); disobeying a lawful command from MAJ D. (21 December 2006); wrongful use of marijuana between (9 January 2007 and 8 February 2007); wrongfully use cocaine between (1 February 2007 and 8 February 2007); breaking a set restriction (21 December 2006); drunk and disorderly (10 March 2007). He was sentenced to a forfeiture of $868 pay and confinement for 30 days. Report of Mental Status Evaluation, dated 9 July 2007, indicates the applicant met the retention standards prescribed in Chapter 3, AR 40-501. There was no psychiatric disease or defect that warrants disposition through medical channels. He was mentally sound and able to appreciate any wrongfulness in his conduct and conform his conduct to requirements of the law. He was psychiatrically cleared for administrative proceedings. He received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL x2 for 19 days (11 January 2007 until 21 January 2007) and (2 April 2007 until 9 April 2007); mode of return for both periods of AWOL are unknown. Military confinement for 23 days. Total lost time 42 days. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); VA Form, statement in support of his claim (two pages); revoked orders 198-0123; orders 198-0124; discharge orders 190- 0244 (two pages); preseparation counseling checklist for active component service members (three pages); record of emergency data (three pages); service member's group life insurance election certificate; Enlisted Record Brief; and a letter, Director, Case Management Division. 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. 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 under other than honorable conditions to general (under honorable conditions). 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. 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 he should have been retained on Active Duty. The applicant seeks relief contending, he needs an upgrade to receive VA benefits; so he can find a decent job to better his life. 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. Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends he was a very good infantry Soldier. 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. He applicant is to be commended for his accomplishments. The applicant also contends he was diagnosed with "Hep C," he was prescribed medication that caused depression and other health problems. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that Hep C," medication caused depression and other health problems. The applicant additionally contends he was very young and confused with what was happening in his life at the time and he made a mistake. 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. Further, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 4 October 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, board judgement, severe family matters and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20160013419 1