1. Applicant’s Name: a. Application Date: Undated b. Date Received: 26 May 2015 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, he needs an upgrade to receive VA benefits and to reenlist to serve his country. In a records review conducted at Arlington, VA on 3 August 2016, 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 / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 17 December 2001 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 December 2001 (2) Basis for Separation: The applicant wrongfully used cocaine, a controlled substance (between 11 July 2001 and 18 July 2001). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 5 December 2001 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 6 December 2001 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 9 November 2011 / 4 years b. Age at Enlistment/Education/GT Score: 25 / HS Graduate / 107 c. Highest Grade Achieved/MOS/Total Service: E-3 / 14E10, Patriot Fire Control Operator / 1 year, 1 month, and 3 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 11 October 2001, for wrongfully using cocaine, a controlled substance (between 11 July 2001 and 18 July 2001). The punishment consisted of a reduction to PVT / E-1, forfeiture $521 pay for two months, and 45 days of extra duty and restriction. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time: 6 days (AWOL, 11 December 2001 - 16 December 2001) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, undated; DD Form 214; Cullman Light House, Inc. letter, dated 18 March 2003; and a certificate of completion, dated 30 September 2002. 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. 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. 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. 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. 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 his 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. The applicant needs an upgrade to in order to receive VA benefits and to reenlist. 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. 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. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 3 August 2016, 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150009131 3