1. Applicant's Name: a. Application Date: 2 September 2016 b. Date Received: 13 September 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 purpose of being able to reenlist and have the opportunity to serve his country as an honorable infantryman for a full term career. He would also like the opportunity to pursue higher positions such as Airborne Ranger, Special Forces and a Green Beret. He would like to let his platoon brothers know that they can still look up to him and count on him. He was in a bad place in late 2013 to the time of his discharge in 2014. Now that he is getting his life together, he has come to realize that the military is his home and where he belongs serving his country. He would also like the opportunity to mentor fellow Soldiers who feel like they have nobody to turn to similar to how he felt. At the age of 19, he was joining the Army and starting his life. He got married right away after basic training and was station in Alaska. When his wife joined him everything was great; however, while he was at work with the car his wife was at home becoming depressed every day and missing their hometown. As a result she decided to fly home, she talked of returning but she never did, which resulted in him asking for a divorce due to she was cheating on him and blaming him for her depression. He contends he did not know how to properly deal with this and the Army did not offer ASAP. He believes that if he had been offered this program, it would have greatly impacted his life and his situation would have been different. He is now 23 years old, owns his own home, has a family that he loves and feels that they are all mentally stable. He is excited for his career change and feels that he dishonored his family's last name and his country. Now that he is a father, he wants his children to be proud of his family name and not feel like he let himself down. He wants to display acts of loyalty, duty, respect, selfless-service, honor, integrity and personal courage. He has never felt more pride than when he put his ACU's on to walk out his door to go to work every day. In a records review conducted at Arlington, VA on 8 January 2018, 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: 8 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 April 2014 (2) Basis for Separation: The applicant was informed of the following reason: specifically, on or about between 30 December 2013 and on or about 30 January 2014, he wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 April 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 April 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 February 2013 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 2 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / 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 THC 60 on 30 January 2014. FG Article 15, dated 1 April 2014, for wrongfully using marijuana between 30 December 2013 and 30 January 2014. The punishment consisted reduction to E-2, forfeiture of $849 (suspended), and 45 days extra duty and restriction. There is a positive urinalysis report contained in the record coded IU, (Inspection Unit), that shows the applicant tested positive for THC 180 on 3 March 2014. Report of Mental Status Evaluation, dated 5 March 2014, which shows the applicant met the psychiatric retention standards of AR 40-501, and was therefore eligible for administrative separation in accordance with AR 635-200 from a behavioral health perspective. It was noted the applicant reported that his wife's infidelity contributed to the behavior of marijuana use, which he described as out of character for himself. Negative counseling statement for testing positive for THC on 30 January 2014. i. Lost Time / Mode of Return: None 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 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 seeks relief contending his misconduct was the result that his wife's infidelity and he did not know how to properly deal with this and the Army did not offer ASAP. He believes that if he had been offered this program, it would have greatly impacted his life and his situation would have been different. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. Also, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self- referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist and have the opportunity to serve his country as an honorable infantryman for a full term career. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 4 indicates the applicant retricted from reenlisting. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 8 January 2018, 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 AR20160016132 1