1. Applicant's Name: a. Application Date: 14 December 2015 b. Date Received: 21 December 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, that as a Soldier who served well, his discharge was not warranted and should not have been upheld. He contends that along with his service connected disability, he should have been able to show more evidence. 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. The electronic medical records (AHLTA) were reviewed with no clinical encounters found (note: AHLTA implementation began in 2003). No clinical notes, radiology or laboratory reports. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 11 VA entered problems including, depressive disorder not otherwise specified (NOS), anxiety disorder, grief, idiopathic insomnia, cannabis dependence, alcohol abuse and others. The Veterans Administration has service- connected the applicant at 40 percent overall. In a records review conducted at Arlington, VA on 1 March 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 8 July 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 June 2003 (2) Basis for Separation: Civil Conviction. Under the provisions of AR 635-200, Chapter 14, Section II, paragraph 14-9, civil conviction which resulted in the applicant being sentenced to 8 months of confinement, which was suspended for 2 years and fined 16,000 won. Evidence in the record (The Trial Observer Report), reflects that on 15 November 2002 at approximately 1900 hours, inside the Kings Club in Itaewon-Dong, Mr. X, sold the applicant two grams of marijuana, for $100. The applicant went back to his barracks room and smoked the two grams of marijuana in a cigarette; On 24 November 2002, at approximately 1900 hours, inside of a sedan driven by Mr.X, parked along Namsan Ring Road in Yongsan-Gu, the applicant purchased approximately two grams of marijuana from Mr. X for $50. At approximately 1930 hours that same day the applicant smoked the marijuana he had purchased from Mr. X that day; and, On 24 November 2002, at approximately 2030 hours, on a road inside of the 8th US Army compound in Yongsan-Gu, the applicant purchased an unknown amount of marijuana from Mr. X for $25 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 June 2003 (5) Administrative Separation Board: Conditionally waived, 17 June 2003, contingent upon receiving a characterization of service or description of separation no less favorable than general (under honorable conditions) (6) Separation Decision Date / Characterization: 26 June 2003 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 July 2000 / 4 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31L10, Wire Systems Installer / 2 years, 11 months, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624 (Specimen Custody Document-Drug Testing) indicates a specimen was collected on 27 November 2002 that was coded PO (Probable Cause). The results of the test were not noted. Military Police Report, dated 29 January 2003, reflects the applicant was the subject of an investigation for a traffic accident resulting in damage to government property, failure to report involvement in a traffic accident, operating a POV without an operator's permit, allowing an unlicensed person to operate a POV, perjury, false swearing, false official statement, drunken driving, and inattentive driving. General Officer Memorandum of Reprimand, dated 26 February 2003, for operating a vehicle while intoxicated on 25 January 2003 with a blood alcohol content of .120 percent. The unit commander's recommendation memorandum reflects the applicant received a FG Article 15, for violation of Article 112a, wrongful use of marijuana. The sentence consisted of a reduction to E-1, forfeiture of $521 per month for two months, and 45 days extra duty and restriction. Trial Observer Report from the applicant's Trial Counsel explaining the citation and text of statutes primarily involved in the applicant's civil conviction. CID / Military Police Reports which show the applicant was the subject of investigation for possession of marijuana and distribution of marijuana in the Republic of Korea. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 15 January 2003, reflects the applicant was diagnosed with (Axis I) Cannabis Abuse by History. It was noted that the applicant refused to answer question about cannabis use due to his wanting to get legal advice first. The applicant was cleared for any administrative action deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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. 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 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. 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, such that he should have been retained on Active Duty. The applicant contends that as a Soldier who served well, his discharge was not warranted and should not have been upheld. Evidence in the record reflects that the applicant admitted that he illegally bought two grams of marijuana and smoked the marijuana cigarettes the same day on two separate occasions and that he admitted to purchasing an additional amount, approximately 1-1/2 grams of marijuana on another day. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial or the sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation. Also, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of Misconduct (Serious Offense). 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 applicant contends he has a service connected disability. However, the service record contains no evidence of a service connected disability nor did the applicant submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant also contends that he should have been able to show more evidence. 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 1 March 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 AR20160000320 5