1. Applicant's Name: a. Application Date: 9 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 under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of receiving medical attention. 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 / Under Other Than Honorable Conditions b. Date of Discharge: 6 August 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 June 2009 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully using marijuana on two separated occasion; Being absent without leave from 10 August 2008 until 7 October 2008; and Being arrested by the Montgomery Sheriff's Police Department for possession of cocaine and unlawful possession of drug paraphernalia. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 July 2009 (5) Administrative Separation Board: The applicant waived his right to a board (6) Separation Decision Date / Characterization: 30 July 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 July 2006 / 3 years, 24 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92F10, Petroleum Supply Specialist / 2 years, 10 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: There is a positive urinalysis report contained in the record coded IR, (Inspection Random), that shows the applicant tested positive for COC on 26 February 2008. Court documents from Clarksville, Tennessee, which make reference to the applicant being arrested for simple possession of marijuana and unlawful possession of drug paraphernalia on 23 May 2008. FG Article 15, dated 5 June 2008, for wrongfully using cocaine between 24 February 2008 and 26 February 2008. The punishment consisted reduction to E-1, forfeiture of $671 pay per month for two months, and 45 days extra duty and restriction. There is a positive urinalysis report contained in the record coded IR, (Inspection Random), that shows the applicant tested positive for THC on 19 June 2008. FG Article 15, dated 6 August 2008, for wrongfully using marijuana between 21 May 2008 and 19 June 2008. The punishment consisted forfeiture of $671 pay per month for two months, and 45 days extra duty and restriction. FG Article 15, dated 6 November 2008, for being absent 10 August 2008 until his return on 7 October 2008. The punishment consisted forfeiture of $673 pay per month for two months, 45 days extra duty, and an oral reprimand. Report of Behavioral Health Evaluation, dated 19 May 2009, shows the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: AWOL 58 days (10 August 2008 to 6 October 2008) / mode of return is unknown and Confinement Civilian Authority 1 day (15 October 2008) j. Diagnosed PTSD / TBI / Behavioral Health: None 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 under other than 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 expressed his desire for an upgrade of his discharge for the purpose of receiving medical attention. 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 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 AR20160015337 1