1. APPLICANT’S NAME: a. Application Date: 21 May 2014 b. Date Received: 12 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade from general, under honorable conditions to fully honorable because he desires to continue his education which would allow him a good career in order to maintain and take care of his daughter. He was young, made a mistake, and has learned from his mistake. In a records review conducted at Arlington, VA on 29 July 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable. (The Board member names are available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Pattern of Misconduct/AR 635-200, Paragraph 14-12b/JKA/RE-3/General, Under Honorable Conditions b. Date of Discharge: 2 December 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 November 2005 (2) Basis for Separation: The applicant was informed of the following reasons: * Testing positive for marijuana on 26 October 2004, and was enrolled in a substance addiction program which he successfully completed and was retained based on his performance, and * Subsequently testing positive again for marijuana on 22 September 2005. (3) Recommended Characterization: GD (4) Legal Consultation Date: Waived on 15 November 2005 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 19 November 2005/GD 4. SERVICE DETAILS: a. Date/Period of Enlistment: 18 April 2002/4 years b. Age at Enlistment/Education/GT Score: 18/HS Graduate/96 c. Highest Grade Achieved/MOS/Total Service: E-4/42L10, Administrative Specialist/ 3 years, 7 months, 15 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea/None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: * FG Article 15, dated 2 December 2004, for wrongfully using marijuana between on or about (26 September 2004-26 October 2004. The punishment consisted of a reduction to E-3, forfeiture of $748 per month for two months (suspended), and 45 days of restriction. * FG Article 15, dated 27 October 2005, for wrongfully using marijuana between on or about (22 August 2005-22 September 2005). The punishment consisted of a reduction to E-1, forfeiture of $617.55 per month for two months, and 45 days of extra duty and restriction. * Two positive urinalysis reports for marijuana collected on 22 September 2005, as IR, Inspection Random and for marijuana collected on 26 October 2004, test basis NIF. * Numerous negative counseling statements for being processed for involuntary separation, having a positive urinalysis, and being command-referred to ASAP. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: None 6. POST SERVICE ACCOMPLISHMENTS: None 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory and directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. 8. DISCUSSION OF ISSUE(S): The applicant seeks relief contending he would like to continue his education and he learned from the mistake he made at a young age. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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. He should contact a local office of the Department of Veterans Affairs for further assistance. The applicant contends that he was young and made a mistake that led to his discharge. The record shows he met entrance qualification standards to include age. There is no evidence to indicate he was any less mature than other Soldiers of the same age who successfully completed military service. In view of the foregoing, the applicant’s 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 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: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140010471 1