1. Applicant’s Name: a. Application Date: 31 July 2015 b. Date Received: 10 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, he would like an upgrade of his discharge for the purpose of being able to continue his education using his GI Bill benefits. He contends he should not be haunted for the rest of his life for one mistake that was made. 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 (Drug Abuse) / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 12 September 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 August 2008 (2) Basis for Separation: The applicant was informed of the following reasons: receiving a Field Grade Article 15 on 9 July 2008 for the wrongful use of marijuana on 23 April 2008 and 20 May 2008, and testing positive for the wrongful use of marijuana for a third time on 7 August 2008 (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 28 August 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 3 September 2008 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 17 November 2005 / 3 years and 21 weeks b. Age at Enlistment/Education/GT Score: 26 years / GED / 88 c. Highest Grade Achieved/MOS/Total Service: E-3 / 92Y10, Unit Supply Specialist / 2 years, 9 months, and 26 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (6 February 2007 – 23 December 2007) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Electronic copy of the DD Form 2624, dated 1 May 2008, reflects the applicant tested positive for (THC – 186/marijuana) during an Inspection Random (IR) urinalysis testing conducted on 23 April 2008. Electronic copy of the DD Form 2624, dated 30 May 2008, reflects the applicant tested positive for (THC – 454/marijuana) during an Inspection Unit (IU) urinalysis testing conducted on 20 May 2008. Military Police Report, dated 7 June 2008, reflects the applicant was the subject of investigation for the wrongful use of marijuana Military Police Report, dated 12 June 2008, reflects the applicant was the subject of investigation for the wrongful use of marijuana FG Article 15, dated 9 July 2008, for wrongfully using marijuana (between 23 March 2008 and 23 April 2008 and 20 April 2008 and 20 May 2008). The punishment consisted of a reduction to E-1, forfeiture of $300.00 pay per month for two months, 45 days extra duty, and an oral reprimand. Electronic copy of the DD Form 2624, dated 15 August 2008, reflects the applicant tested positive for (THC – 305/marijuana) during an Inspection Random (IR) urinalysis testing conducted on 7 August 2008. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: MEDCOM Form 699-R (Report of Mental Status Evaluation), dated 16 July 2008, reflects the applicant was evaluated by the psychology department and Darnell Army Medical Center pursuant to AR 635-200, Chapter 14. The evaluation revealed no evidence of current suicidal or homicidal intent or plan; altered though process, or any psychiatric disorder which would explain the behaviors for which his separation was being considered. 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(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. 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 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 seeks relief contending, he should not be haunted for the rest of his life for one mistake that was made. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant’s numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to continue his education using his GI Bill benefits. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 AR20150013791 1