1. Applicant's Name: a. Application Date: 29 December 2016 b. Date Received: 3 January 2017 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 qualify for his GI Bill benefits. He contends he is currently without a job or trade. His plan after receiving an upgrade is to go back to school to be a truck driver. He has a young son and does not possess the means to pay for this trade. He served his country and had a deployment to Pakistan. He was discharge from the Army because he had a dirty urine test. He made a mistake and now feel remorseful for his action. He has been drug free and will remain so because he is looking forward to moving on with his life and taking care of his family. A new career in a growing industry is his plan for the future. Per the Board's Medical Officer, based on the information available for review at the time, including the applicant's case files, AHLTA and JLV.AHLTA notes indicate applicant saw ASAP three times beginning in Feb 2012. He saw Behavioral Health twice for his command directed CH 14-12 MSE. VA notes indicate applicant has been diagnosed with Major Depressive Disorder with psychotic features. As applicant was suicidal upon presentation to VA, he was involuntarily detained. A week prior to his VA hospitalization, he reported he had robbed the Wells Fargo Bank (armed robbery) and was currently out on bail. Based on the available information, there are no mitigating Behavioral Health disorders. Review of AHLTA notes indicates that the applicant reported no depressive symptoms while on active duty. He described his mood during his separation mental status evaluation as "Happy". In a records review conducted at Arlington, VA on 23 March 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: 26 March 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 March 2012 (2) Basis for Separation: The applicant was informed of the following reason: wrongfully using marijuana between 13 December 2011 and 17 January 2012 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 March 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 March 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 November 2009 / 3 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 35F10, Intelligence Analyst / 2 years, 4 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / Pakistan (3 September 2010 to 28 February 2011) f. Awards and Decorations: NDSM, GWOTSM, HSM, NOPDR, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: There is a positive urinalysis report contained in the record coded; IU (Inspection Unit), dated 6 February 2012, for testing positive for THC 94 on 12 January 2012. There is a positive urinalysis report contained in the record coded; IU (Inspection Unit), dated 6 February 2012, for testing positive for THC 149 on 17 January 2012. FG, Article 15 dated 23 February 2012, for wrongfully using marijuana between 13 December 2011 and 17 January 2012. The punishment consisted of reduction to E-1, forfeiture of $745, and 45 days extra duty and restriction. Report of Mental Status Evaluation, dated 23 February 2012, shows the applicant could understand and participate in administrative proceedings and could appreciated the difference between right and wrong. 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 on the use of alcohol, 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 alcohol policies. By abusing alcohol, 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 contends he served his country and had a deployment to Pakistan. He was discharged from the Army because he had a dirty urine test. He made a mistake and now feels remorse for his action. He has been drug free and will remain so he is looking forward to moving on with life and taking care of his family. A new career in a growing industry is his plan for the future. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his in-service and post-service accomplishments. It should be noted; by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to qualify for his GI Bill benefits and for employment. He contends he is currently without a job or trade. His plan after receiving an upgrade is to go back to school to be a truck driver. He has a young son and does not possess the means to pay for this trade. A new career in a growing industry is his plan for the future. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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 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 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 23 March 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. Change SPD Code to: No Change f. Change RE Code 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 AR20170001294 1