1. Applicant's Name: a. Application Date: 25 August 2016 b. Date Received: 29 August 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, that he would like an upgrade of his discharge for the purpose of being able to reenlist and serve his country again. He contends he has learned a lot about himself since his separation from the military. He further states that it was always an honored to serve his country, like his family before him, however, he was immature and took some things for granted and made some mistakes. He does not want one mistake to define his military career nor his professional career. In a records review conducted at Arlington, VA on 27 October 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 21 July 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 June 2015 (2) Basis for Separation: The applicant was informed of the following reasons: on divers occasions between 5 August 2014 and 2 December 2014 he failed to be at his appointed place of duty; Wrongfully used marijuana between 2 November 2014 and 2 December 2014; and Was cited for driving under the influence on 17 April 2015 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 July 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 July 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 July 2013 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 1 year, 11 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: There is a positive urinalysis report contained in the record coded PO, (Probable Cause), that shows the applicant tested positive for THC 227 on 2 December 2014. DPS Incident Report dated 17 April 2015, shows the applicant was the subject of an investigation for DUI and failure to maintain lane. General Officer Memorandum of Reprimand, dated 2 June 2015, that shows the applicant was reprimanded for failing a series of standardized field sobriety test and submitting a preliminary breath sample of .136. After refusing to submit a breathalyzer test he was cited for driving under the influence and failing to maintain his lane. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 26 February 2015, which shows the applicant was diagnosed for Axis I for cannabis abuse; occupational problem. He was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative/board proceedings. He met retention standards prescribed in AR 40-501 and there was no psychiatric disease or defect that warrant disposition through medical channels. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. He stated that he was highly motivated for retention and that he unknowingly in-jested the THC through a cookie. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, 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 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 seek relief contending that he has learned a lot about himself since his separation from the military; it was an honored to have served his country, like his family before him, however, he was immature and took some things for granted and made some mistakes. He does not want one mistake to define his military career nor his professional career. However, the service record indicates the applicant committed several 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 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 applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist and serve his country again. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. The applicant contends that he was immature and took some things for granted and made some mistakes. He does not want one mistake to define his military career nor his professional career. 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 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 27 October 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 AR20160015226 1