1. Applicant's Name: a. Application Date: 16 October 2015 b. Date Received: 26 October 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, after eight years of service, to include two combat tours to Iraq for a total of 28 months in combat theater, he personally finds that this kind of service to our nation could hardly be classified as "under other than honorable conditions." If this is the case, he believes the Army should have terminated his service two enlistments prior. He contends he was given an opportunity to reenlist, which he did without question twice. He enjoyed, learned, and grew from everything the Army molded him into. He understands that his misconduct does warrant punitive action to his last unit of assignment, but he finds it unjust to let that period of misconduct define his military career as a whole. In a records review conducted at Arlington, VA on 8 February 2016, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and severe family matters (i.e. father and grandfather's illnesses), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 18 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 June 2012 (2) Basis for Separation: The applicant wrongfully used marijuana (between 5 February and 5 March 2012 and between 9 March and 9 April 2012) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Conditionally waived, 21 June 2012, contingent upon his receiving a characterization of service of no less favorable than general (under honorable conditions). (5) Administrative Separation Board: On 29 August 2012, the applicant's request for a conditional waiver was disapproved and his case was referred to an administrative separation board. On 26 September 2012, the administrative separation board found that the applicant wrongfully used marijuana on two occasions and recommended that he be separated from the US Army with an under other than honorable conditions characterization of service. (6) Separation Decision Date / Characterization: On 5 October 2012, the separation authority approved the recommendation of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 November 2009 / 3 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 119 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91M10, Bradley Fighting Vehicle System Maintainer / 7 years, 11 months, 29 days d. Prior Service / Characterizations: RA, 20 October 2004 to 8 November 2009 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (13 January 2006 to 7 April 2007 and 14 June 2008 to 1 July 2009) f. Awards and Decorations: ARCOM-3, AAM-3, AGCM-2, NDSM, ICM-4CS, NOPDR, ASR, OSR-3, CAB g. Performance Ratings: 1 July 2011 to 14 December 2011, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 10 April 2012, reflects the applicant tested positive for THC 99 during an Inspection Unit (IU) urinalysis testing conducted on 5 March 2012. FG Article 15, dated 12 May 2012, for wrongfully using marijuana (between 5 February 2012 and 5 March 2012). The punishment consisted of a reduction to E-4, forfeiture of $1,181 pay per month for two months, 45 days extra duty and restriction, and oral reprimand. Report of Mental Status Evaluation, dated 19 April 2012, reflects the applicant was cleared from a behavioral health perspective for administrative/disciplinary action. Negative counseling for testing positive on urinalysis test. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application and DD Form 214. 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 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 under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, 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 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, such that he should have been retained on Active Duty. The applicant contends that after eight years of service, to include two combat tours to Iraq, for a total of 28 months in combat theater, he personally finds that this kind of service to our nation could hardly be classified as "under other than honorable conditions". If this is the case, he believes the Army should have terminated his service two enlistments prior. He contends he was given an opportunity to reenlist which he did without question, twice. He enjoyed, learned, and grew from everything the Army molded him into. He understands that his misconduct does warrant punitive action to his last unit of assignment, but he finds it unjust to let that period of misconduct define his military career as a whole. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended. However, 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 noncommissioned officer, 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. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. 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 8 February 2016, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and severe family matters (i.e. father and grandfather's illnesses), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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 (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 AR20150016825 3