1. APPLICANT’S NAME: a. Application Date: 14 April 2014 b. Date Received: 21 April 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade to honorable. The applicant states, in effect and in pertinent part, he performed his duties without hesitation. He received numerous awards and time off because of the extra workload. He admits making a terrible mistake of using drugs. Family health issues and the loss of a family member caused his depression and he took the drug for the first time. His discharge was unfair because it was based on an isolated incident. In a record review conducted at Arlington, VA on 31 July 2015, and by a 5-0 vote, the Board finding the separation both proper and equitable, denied the request. (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: 14 January 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 November 2013 (2) Basis for Separation: The applicant was informed of the following reasons: on 25 March 2013, he submitted a valid urine sample during a command-directed urinalysis inspection, which was analyzed and tested positive for marijuana. (3) Recommended Characterization: GD (4) Legal Consultation Date: 2 December 2013 (5) Administrative Separation Board: No (6) Separation Decision Date/Characterization: 26 December 2013 / GD 4. SERVICE DETAILS: a. Date/Period of Enlistment: 14 February 2012 / 3 years, 25 weeks b. Age at Enlistment/Education/GT Score: 26 / HS Graduate / 89 c. Highest Grade Achieved/MOS/Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 1 year, 11 months, and 1 day 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: * FG Article 15, dated 21 May 2013, for wrongfully using marijuana (25 March 2013). The punishment consisted of a reduction to E-2 (suspended), forfeiture of $500, and 30 days of extra duty and restriction. * A counseling statement for separation action being initiated for testing positive. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: A self-authored statement; certificate of achievement, dated 29 October 2012; certificate of training, dated 28 April 2012; and statement of support, dated 14 April 2014. 6. POST SERVICE ACCOMPLISHMENTS: None provided. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets for the basic authority for the separation of enlisted personnel. Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-3 states a discharge under other than honorable conditions is normally appropriate for Soldiers discharged under this chapter; however, the separation authority may direct a general discharge if merited by the Soldier’s overall record. 8. DISCUSSION OF ISSUE(S): The applicant, seeking relief, contends his discharge was based on an isolated incident; that he received numerous awards for his performance; and that family issues contributed to his misconduct. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. The record confirms that 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 diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by a FG article 15 for wrongful use of marijuana and a negative counseling statement. The applicant contends the misconduct for which he was discharged from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant also contends his family issues affected his behavior and ultimately caused him to be discharged. However, there is no evidence showing he sought assistance or relief through the many legitimate avenues available to him prior to committing the misconduct which led to the separation action under review. In view of the foregoing, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. 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. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating official: PRESIDING OFFICER COL, US ARMY Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140007429 1