1. Applicant's Name: a. Application Date: 16 September 2016 b. Date Received: 19 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his drug test results came back positive for cocaine, he was shocked because he would never do cocaine. He realizes that drugs, whether marijuana or cocaine, serves no positive purpose in his life and he has not indulged in marijuana since. His main goal is to return to college and finish what he started to provide a better life for his children. Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case file, AHLTA and JLV. AHLTA indicates applicant was diagnosed with Anxiety Disorder NOS, Depressive Disorder NOS and Alcohol Abuse while in the military. He screened negative on his separation MSE for PTSD and TBI. VA notes indicate he is 50% SC for PTSD due to combat. He has also been diagnosed with mild TBI due to combat (was thrown into a wall during a bombing). VA records indicate he has a history of homelessness. Based on the available information, the applicant has a mitigating BH disorder, PTSD, for the offenses leading to his discharge from the Army. As PTSD is associated with use of illicit substances to self-medicate symptoms, there is likely a nexus between his PTSD and his wrongful use of cocaine. In a records review conducted at Arlington, VA on 1 December 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include combat service and the circumstances surrounding the discharge (i.e. severe family matters and post-service diagnosis of PTSD and TBI), post-service accomplishments 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 honorable. 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 September 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 12 July 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he tested positive for cocaine on a random 4 percent a week urinalysis screening on (2 April 2013), and he did not contest the charge against him. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 July 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 July 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 November 2010 / 6 years b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15S10, 0H-58D Helicopter Repairer / 2 years, 10 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / SWA / Iraq, 12 August 2011 to 11 October 2011 f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IR (Inspection Random), dated 2 April 2013, for COC. The applicant received a negative counseling statement dated, 26 April 2013, for a positive urinalysis test. CID Report of Investigation, dated 10 May 2013, revealed the applicant was under investigation for wrongful use of cocaine. FG Article 15, dated 15 May 2013, for wrongful use of cocaine between (3 March 2013 and 2 April 2013); the punishment imposed consisted of reduction to PV2 / E-2, extra duty for 45 days and an oral reprimand. Report of Mental Status Evaluation, dated 13 June 2013 relates the applicant met the psychiatric retention standards of AR 40-501, and he was cleared for administrative separation in accordance with AR 635-200 from a behavioral health perspective. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement (two pages); Aviation Maintenance Technician certificate of completion; Aviation Institute of Maintenance - Houston transcript (four pages); and family photos (six pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he attended aviation school and received his certificate of completion. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) 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. 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, his drug test results came back positive for cocaine, he was shocked because he would never do cocaine. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of 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 he did not use cocaine. The applicant further contends, he realizes that drugs, whether marijuana or cocaine, serves no positive purpose in his life and he has not indulged in marijuana since. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant also contends, his main goal is to return to college and finish what he started to provide a better life for his children. 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 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 1 December 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. severe family matters and post-service diagnosis of PTSD and TBI), post-service accomplishments 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 honorable. 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: Honorable 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 AR20170000268 1