1. Applicant's Name: a. Application Date: 21 August 2015 b. Date Received: 1 September 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 believes he was cheated out of a military career. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. Report of Medical History (DD Form 2807-1) dated 17 Dec 2004 for National Guard enlistment with unremarkable history (no illegal drug use). Report of Medical Examination (DD Form 2808) dated 17 Dec 2004 with clinical evaluation unremarkable with ophthalmology eval (to rule out keratoconus), positive DAT (drug/alcohol/tobacco), and qualified for service. Report of Medical History (DD Form 2807-1) dated 1 Aug 2007 with unremarkable history (failed urinalysis) with history of marijuana use (smoked almost every day for 2 years and quit 2 years ago). Report of Medical Examination (DD Form 2808) dated 1 Aug 2007 with unremarkable clinical evaluation, qualified for service. The electronic medical records (AHLTA) were reviewed with clinical encounters between August 2007 and March 2009 with two epidemiology clinic notes (April/May 2011). Clinical notes reviewed from October 2008 and January 2009. Radiology report reviewed from October 2008. Laboratory results reviewed (cholesterol - 209) from August 2007 through January 2009 (and April 2011 post-discharge). Report of Medical History (DD Form 2807-1) dated 9 November 2008 with no medications, wears glasses, healthy with no medical issues, reviewed with provider on 5 Nov 2008. Report of Medical Examination (DD Form 2808) dated 5 Nov 2008 for separation with unremarkable clinical evaluation (tattoo, vision), PULHES-111111, qualified for service. First behavioral health (BH) visit was on 4 Dec 2008. Report of Mental Status Evaluation (DA form 3822-R), a Command Directed Mental Health Evaluation (CDMHE), dated 4 Dec 2008 with Axis I - adjustment disorder with depressed mood; Axis II - no diagnosis: Axis III - none. Psychology visit on 27 Jan 2009 with impression of depression with anxiety, cannabis abuse, psychiatric diagnosis deferred on Axis II. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 24 problems (zero VA entered). Screened for VA homeless program in June 2016. The Veteran's Administration has not service-connected the applicant. In a records review conducted at Arlington, VA on 27 January 2017, 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: 30 April 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 March 2009 (2) Basis for Separation: The applicant tested positive for the illegal use of marijuana (26 September 2008 and 30 October 2008). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 March 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 April 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 August 2007 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 1 year, 8 months, and 20 days (Note: The DD Form 214 reflects 2 years, 7 months, and 24 days of prior inactive service; however, the record is void of documents to support this claim.) d. Prior Service / Characterizations: ARNG, 17 December 2004 to 28 December 2004 / UNC e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 23 October 2008, for wrongfully using a controlled substance (between 28 August 2008 and 26 September 2008). The punishment consisted of a reduction to E-1, forfeiture of $673 pay for two months, and extra duty and restriction for 45 days. FG Article 15, dated 10 December 2008, for wrongfully using marijuana (between 30 September 2008 and 30 October 2008). The punishment consisted of forfeiture of $673 pay per month for two months and extra duty and restriction for 45 days. Several negative counseling statements for failing to report, failing to be at his appointed place of duty, driving while impaired, disrespect towards a noncommissioned officer, provoking speeches and gestures, communicating a threat, and separation under the provisions of Chapter 14-12c, commission of a serious offense. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 4 December 2008, reflects the applicant was diagnosed with (Axis I) adjustment disorder with depressed mood. It was noted at the time the applicant had requested assistance in learning appropriate ways to handle anger as well as help with depressive symptoms. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 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), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 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 that 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. 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 was cheated out of a military career. The applicant's contention was noted; however, 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. Furthermore, it should be noted, by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct. It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 27 January 2017, 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: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150014926 1