1. Applicant's Name: a. Application Date: 19 July 2016 b. Date Received: 12 August 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 honorable. The applicant seeks relief contending, he is asking for a change in his discharge in order to reenlist. In a records review conducted at Arlington, VA on 27 October 2017, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length of service and a prior period of honorable service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions and changed to the separation authority to AR 135-178, Paragraph 12-1c, and the narrative reason for separation to Misconduct (Commission of a Serious Offense). This action entails restoration of grade to E-4/SPC. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Abuse of Illegal Drugs) / AR 135-178, Paragraph 12-1d / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 21 December 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 10 July 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; abuse of illegal drugs. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 10 July 2013, the unit commander also suspended the separation action for 45 days to afford the applicant the opportunity to consult with legal counsel and exercise his legal rights. The applicant had to respond within 30 calendar days after he received the memorandum, unless he requested and received an extension. Failure to respond within the 30 calendar days of the date of his receipt of the memorandum would have constituted a waiver of his rights. (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 6 December 2013 / Under Other Than Honorable Conditions / the applicant was reduced to the lowest enlisted rank. 4. Service Details: a. Date / Period of Enlistment: 6 November 2007 / 8 years b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 63B10, Wheeled Vehicle Mechanic / 6 years, 1 month, 16 days d. Prior Service / Characterizations: IADT, 21 November 2007 to 23 May 2008 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IU (Inspection Unit), dated 18 May 2013, for THC. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 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, and convictions by civil authorities. 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 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant's available record of service and the issues submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to the former Soldier's discharge from the US Army Reserve. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant seeks relief contending, he is asking for a change in his discharge in order to reenlist. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280, stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 27 October 2017, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length of service and a prior period of honorable service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions and changed to the separation authority to AR 135-178, Paragraph 12-1c, and the narrative reason for separation to Misconduct (Commission of a Serious Offense). This action entails restoration of grade to E-4/SPC. 10. BOARD ACTION DIRECTED: a. Issue a New Discharge Order: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: Misconduct (Commission of a Serious Offense) d. Change Authority to: AR 135-178, Chapter 12-1c e. Change SPD/RE Code to: NA / NA f. Restore (Restoration of) Grade to: E-4/SPC 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 AR20160014411 1