1. Applicant’s Name: a. Application Date: 31 July 2015 b. Date Received: 3 August 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 should be upgrade based on one minor infraction during his time of duty. He contends at the time of the incident, his father suffered a stroke and his mother was very upset. His older brother was in trouble with the law and he could not help them so he was trying to assist his mother and father who were living in New Jersey at the time while he was in North Carolina. His unit was deployed and his time of service was reduced to cutting grass and cleaning bathrooms. He wanted to be deployed but was on leave when his unit left. He was not called on to deploy with his unit. He was 23 years old and his misconduct was a young man’s mistake, one he has not committed since. He is now 34 years old, a husband of 10 years, the father of 3 wonderful boys, and very proud of his service to his country. In a records review conducted at Arlington, VA on 28 September 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: 29 April 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 March 2004 (2) Basis for Separation: The applicant was informed of the following reason: wrongfully using marijuana, a controlled substance between on or about 17 January 2004 and 17 February 2004 (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 31 March 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 18 October 2000 / 6 years b. Age at Enlistment/Education/GT Score: 18 years / GED / 100 c. Highest Grade Achieved/MOS/Total Service: E-4 / 15D1P, Aircraft Power-Plant Repairer / 3 years, 6 months, and 12 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: DD Form 2624, dated 24 February 2004, reflects the applicant tested positive for THC (marijuana) during an Inspection Random (IR) urinalysis testing conducted on 17 February 2004. FG Article 15, dated 11 March 2004, for wrongfully using marijuana (between 17 January 2004 and 17 February 2004). The punishment consisted of a reduction to E-1, forfeiture of $597.00 pay per month for two months, and 45 days extra duty and restriction. DA Form 8003 (Army Substance Abuse Program (ASAP) Enrollment), reflects the applicant was command referred due to his improper use of drugs. DA Form 4856 (Developmental Counseling), dated 3 March 2004, for testing positive for THC/illegal use of drugs. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822 (Report of Mental Status Evaluation), dated 8 March 2004, reflects the applicant was diagnosed with (Axis I) THC Abuse/Occupational/Military/Legal Problems. It was also noted the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity. There was no evidence of an emotional or mental disorder of psychiatric significance to warrant disposition through medical channels. The applicant was psychiatrically cleared for any administrative action as deemed appropriated by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 31 July 2015. 6. POST SERVICE ACCOMPLISHMENTS: None. 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. Furthermore, 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 at the time of separation. Evidence in the record shows separation action was initiated against the applicant based on a one time use of marijuana under the provision of AR 635-200, Chapter 14, paragraph 12(c)(2). However, the separation authority was not bound by the recommendation. Therefore, the separation authority directed the applicant be discharged under the provision of AR 635-200, Chapter 14, and paragraph 14-12(c). 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 seeks relief contending, his misconduct was the result of personal issues he was going through with members of his family. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. He contends his discharge was based on one minor infraction. Although a single 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 a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. He contends he was young at time of his misconduct. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. He also contends, he is now 34 years old, a husband of 10 years, the father of 3 wonderful boys, and very proud of his service to his country. The applicant is to be commended on his post service accomplishment. 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 28 September 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013045 1