1. APPLICANT’S NAME: a. Application Date: 18 June 2015 b. Date Received: 20 July 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from under other than honorable conditions to general, under honorable conditions. The applicant states, in pertinent part and in effect, the worst choice he ever made while going through a difficult period in his life was when he found out he was going to be a single parent at age 21, he smoked marijuana. He was diagnosed with major depression. Being a single parent had a dramatic effect on his ability to serve his country. Since his discharge, he reevaluated his life and has been clean. An upgrade would allow him to pursue his passion of retiring from the US Armed Forces by being given the chance to serve again. He adds the current discharge is preventing him from obtaining government employment. Per the Board’s Medical Officer, no nexus was established between a behavioral health condition and the offense in this case. The applicant's file included no evidence of a mitigating medical or behavioral health diagnosis. There were no encounters found in AHLTA, the electronic medical records SYSTEM, for this applicant. However, after carefully examining the applicant’s record of service during the period of enlistment under review, the Board determined the characterization of service was too harsh based on the circumstances surrounding the discharge, i.e., evidence that the applicant was denied due process, and as a result, it is inequitable. Accordingly, in a personal appearance hearing conducted at Arlington, VA on 7 March 2016, and by a 4-1 vote, the Board voted to grant clemency in the form of an upgrade of the characterization of service to general, under honorable conditions. A change in the reason for discharge is not authorized under Federal statute. This action entails restoration of grade to E-3/PFC. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 16 May 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 February 2012 (2) Basis for Separation: The applicant was informed the reason for initiating a separation action under the provisions of AR 135-178, chapter 12-1d, was to separate him for abusing illegal drugs, and that he tested positive twice for THC on 19 July 2009 and 16 October 2011. (3) Recommended Characterization: Under Other Than Honorable Conditions discharge (4) Legal Consultation Date: NIF (incomplete form in file) (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 27 April 2012 / Under Other Than Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 24 September 2010 / 3 years b. Age at Enlistment/Education/GT Score: 28 / HS Graduate / 98 c. Highest Grade Achieved/MOS/Total Service: E-3 / 92F10, Petroleum Supply Specialist / 5 years, 5 months, 1 day d. Prior Service/Characterizations:  RA (27 July 2000-1 July 2003) / GD          ARNG (1 April 2005-13 March 2006) / UNC e. Overseas Service/Combat Service: NIF / NIF f. Awards and Decorations: NDSM; ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Biochemical Information, dated 30 November 2011, indicates the applicant tested positive on 17 July 2009 and 16 October 2011. Drug Testing Results, dated 24 October 2011, indicates the applicant tested positive for THC with a collection date of 16 October 2011, and on an IU (Inspection, Unit) basis. Negative counseling statement, dated 10 March 2012, for testing positive for THC and having a second positive while the previous positive was on 19 July 2009. Affidavit of Service by Certified Mail, dated 30 March 2012, certifies notification of separation, dated 27 February 2012, was mailed to the applicant at his last known address. A receipt was signed by the applicant on 3 March 2012. Acknowledgment of receipt and election of rights were not completed by the applicant. Discharge Orders, dated 11 May 2012 i. Lost Time: NIF j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Applicant’s self-authored statement; discharge orders for period under current review; major depression information printout; memorandum, dated 27 January 2000, subject: Junior ROTC Participation by [the applicant]; Orders 180-012, dated 16 September 2005; Orders 09-334-00032, dated 30 November 2009; Orders 10-341-00005, dated 7 December 2010; counseling statement, dated 4 March 2011; three DA Forms 1059 (Service School Academic Evaluation Report), dated 5 March 2011, 24 June 2011, and 10 June 2011; certificate of completion; certificate of achievement; chronological statement of retirement points, dated 28 April 2009; ARNG Retirement Points History Statement, dated 10 August 2006; Record of Individual Performance of Reserve Duty Training; REDD Report, dated 14 July 2010; certificate of completion; DD Form 2807-1, dated 24 September 2010; and DD form 214 for service ending 1 July 2003. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge from active duty, he served with the Army National Guard and the Army Reserve. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 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, and convictions by civil authorities. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments, subject: Supplemental Guidance to Military Boards for Correction of Military/Naval records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014, by implication provided the same guidance to the Service Discharge Review Boards whose decisions are reviewable by the Service Correction Boards. That memorandum provided PTSD or PTSD-related conditions "will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service." However, the memorandum also states, "Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of under other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat-related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in the discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of the characterization of his discharge from under other than honorable conditions to general, under honorable conditions. The applicant’s available record of service, and 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, 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 marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence to show that his service mitigated the misconduct or poor duty performance. The applicant seeks relief contending, the worst choice he ever made while going through a difficult period in his life was when he found out he was going to be a single parent at age 21, he smoked marijuana. He was diagnosed with major depression. Being a single parent had a dramatic effect on his ability to serve his country. Since his discharge, he reevaluated his life and has been clean. An upgrade would allow him to pursue his passion of retiring from the US Armed Forces by being given the chance to serve again. He adds the current discharge is preventing him from obtaining government employment. The applicant contends he was diagnosed with major depression. However, the service record contains no evidence of any behavioral health issues and the applicant did not submit any evidence to support his contention that the discharge was the result of any diagnosed medical condition. The applicant expressed his desire to rejoin the Service and to have better job opportunities. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: a. WLC picture/evaluation report (2 pages) b. Reference Letters (3 pages) c. 92F school evaluation (2 pages) 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. 9. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: E-3/PFC 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 AR20150012249 1