1. Applicant’s Name: a. Application Date: 5 May 2015 b. Date Received: 26 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 self-referred to the Army Substance Abuse Program (ASAP). He was told that after six months he could apply for a character upgrade. 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: Misconduct (Drug Abuse) / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 25 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 November 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge: wrongfully used oxycodone (between 8 September 2014 and 11 September 2014); and, drove while his on post privileges were suspended (30 September 2014). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: Waived, 5 November 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 5 November 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 23 April 2012 / 3 years and 16 weeks b. Age at Enlistment/Education/GT Score: 25 / HS Graduate / 98 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11C10, Indirect Fire Infantryman / 2 years, 7 months, and 3 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Afghanistan (2 May 2013 - 5 December 2013) f. Awards and Decorations: ARCOM, AAM, NDSM, ACM-CS, GWTSM, ASR, NATO Medal, MUC, CIB g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Electronic copy of the DD Form 2624, dated 19 September 2014, reflects the applicant tested positive for oxycodone and oxymorphone during a Probable Cause (PO) urinalysis testing conducted on 11 September 2014. DA Form 3822 (Report of Mental Status Evaluation), dated 23 October 2014, indicates the applicant was evaluated for the Chapter 14-l2c and screens negative for PTSD and TBI. He was assessed as no significant risk of harm to himself or others. He medical retention standards under AR 40-501 and was cleared for all administrative separation actions as deemed appropriate.by command, under Chapter l4-l2c. FG Article 15, dated 7 November 2014, for wrongfully using oxycodone (between 8 September 2014 and 11 September 2014). The punishment consisted of a reduction to E-1, forfeiture of $765.00 pay, and extra duty and restriction for 45 days The applicant received two negative counseling statements for various acts of misconduct. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, dated 5 May 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 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 and the issues 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 contends that he self-referred to ASAP. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he self-referred to ASAP. The applicant further contends, he was told that after six months he could apply for character upgrade. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 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 AR20150011162 1