1. Applicant’s Name: a. Application Date: 22 January 2015 b. Date Received: 15 June 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 would like an upgrade of his discharge for the purpose of being able to rejoin the service. The applicant contends that it was inequitable for the military to discharge him when he was found innocent in court on the possession charge. In a records review conducted at Arlington, VA on 26 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 24 September 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 September 2010 (2) Basis for Separation: The applicant was found in possession of Methylenedioxymethamphetamine (Ecstasy/MDMA). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 15 September 2010 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 16 September 2010 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 19 August 2008 / 5 years and 22 weeks b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 100 c. Highest Grade Achieved/MOS/Total Service: E-3 / 92G10, Food Service Specialist / 2 years, 1 month, and 6 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: NDSM, GWTSM, KDSM, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: El Paso Police Department Incident/Investigation Report, dated 30 May 2010, reflects the applicant was the subject of an investigation for possessing a controlled substance; to wit: Methylenedioxymethamphetamine, having an aggregate weight of 0.3 grams including adulterants or dilutants. Report of Behavioral Health Evaluation, dated 1 September 2010, reflects the applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214, dated 22 January 2015, and a Register of Actions for Case Number 20100D02631. 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 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 his general, under honorable conditions discharge to honorable. The applicant’s record of service, the documents and the issues submitted with the 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 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 contends that his discharge was inequitable because he was found innocent of the possession charge. The independent documents submitted by the applicant showing the charge against him was dismissed is noted; however, there are no documents showing the military dismissed the incident. Therefore, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial. Evidence shows the applicant was in the possession of Methylenedioxymethamphetamine (Ecstasy/MDMA), a controlled substance. By violating the Army's policy not to possess or use illegal drugs, 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 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. The applicant expressed his desire to rejoin the service. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 26 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/Issue a New Separation Order: 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: No Change 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 AR20150010338 1