1. Applicant’s Name: a. Application Date: 1 June 2015 b. Date Received: 22 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, his discharge was inequitable because it was based on one isolated incident in 17 years of service with no other adverse action. In a records review conducted at Arlington, VA on 31 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: In Lieu of Trial by Court-Martial / AR 635-200 / Chapter 10 / KFS / RE-3 / General Under Honorable Conditions b. Date of Discharge: 4 January 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: The applicant voluntarily requested a discharge in lieu of trial by court-martial under AR 635-200, Chapter 10, on 1 December 2005 (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 112a, Wrongful use, possession, etc., of controlled substances (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 December 2005 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 4 December 2005 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 1 June 2001 / Indefinite b. Age at Enlistment/Education/GT Score: 34 / Associate’s Degree / 105 c. Highest Grade Achieved/MOS/Total Service: E-7 / 63X40, Vehicle Maintenance Supervisor / 16 years, 8 months, and 24 days d. Prior Service/Characterizations: RA, 11 April 1989 – 24 August 1992 / HD RA, 25 August 1992 – 7 June 1995 / HD RA, 8 June 1995 – 1 April 1998 / HD RA, 2 April 1998 – 31 May 2001 / HD e. Overseas Service/Combat Service: Germany, SWA / Kuwait / Iraq (22 January 2003 – 26 August 2003 and 30 January 2005 – 18 December 2005) f. Awards and Decorations: BSM, ARCOM-2, AAM, JMUA, AGCM-5, NDSM, AFSM, NOPDR-3, ASR, NATO Medal, GWTEM, GWTSM, ICM g. Performance Ratings: January 2001 – December 2003, Among The Best January 2004 – December 2004, Fully Capable January 2005 – November 2005, Marginal h. Disciplinary Action(s)/Evidentiary Record: DD Form 458 (Charge Sheet) is not contained in the applicant’s OMPF. U.S. Army Trial Defense Service Memorandum, dated 26 November 2005, reflects the applicant’s defense counsel requested that the commanding general appoint an expert in the field of forensic toxicology to assist the defense in trial preparation. The memorandum further indicates that the applicant was being charged with the wrongful use of marijuana between 26 December 2004 and 26 January 2005 and that the government’s case was based on the urinalysis lab test results showing the applicant’s sample to be positive for THC. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 1 June 2015, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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 evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The general, under honorable conditions discharge received by the applicant was appropriate under the regulatory guidance. His record documents several acts of significant achievement and valor; however, it did not support the issuance of an honorable discharge by the separation authority at the time of his discharge. The applicant contends that his discharge was inequitable because it was based on one isolated incident in 17 years of service, with no other adverse action. Although an isolated 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 an isolated incident provides the basis for a characterization. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was inequitable. In fact, the applicant, as an NCO, 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 marred the quality of his service. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official 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 31 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 AR20150010805 1