1. Applicant's Name: a. Application Date: 12 December 2015 b. Date Received: 14 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 pertinent part and in effect, he was a good Soldier, but made a mistake. While in Korea, he became depressed for being away from his family. He started hanging with the wrong group of Soldiers, who introduced him to using an illegal drug but he stopped using it after Christmas. An upgrade would allow him to take the job at Fort Bragg, go to school, marry his girlfriend after his mission, and start a family. Desiring an opportunity at redemption of life outside work, he has been in constant character building. He volunteers at his church's welfare program by delivering food to the less fortunate. Through attending group meetings for addictions, he learned about strengthening his character and has since become a new person. He is grateful for serving and learning in the Army. He is truly sorry and ashamed of who he was, but proud of the person he has become. 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(s) for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from September 2011 thru August 2013 (The only behavioral health visit was for the separation mental status examination). No clinical notes. Laboratory results reviewed from September 2011 thru April 2013. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes the applicant is not known to the VA. The Veteran's Administration has not service-connected the applicant. In a records review conducted at Arlington, VA on 22 February 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: 27 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 June 2013 (2) Basis for Separation: The applicant wrongfully purchased and used a synthetic psychotropic substance, to wit: "spice," a substance containing a synthetic cannabinoid, on divers occasions (between 15 November 2012 and 26 December 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 June 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 August 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 September 2011 / 3 years, 27 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 1 year, 11 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being involuntarily separated; wrongfully using and possessing spice, a controlled substance; his off-post privileges being revoked; and being flagged for criminal investigation and adverse actions. Report of Mental Status Evaluation, dated 23 May 2013, psychiatrically cleared the applicant for administrative action as deemed appropriate by his command. CG Article 15, dated 23 July 2013, for failing to obey a lawful general order (15 December 2012), by wrongfully purchasing spice; failing to obey a lawful general order (between 10 December 2012 and 13 December 2012), by wrongfully purchasing and using spice; and failing to obey a lawful general order (between 15 November 2012 and 1 December 2012), by wrongfully purchasing and using spice The punishment consisted of a reduction to E-2, forfeiture of $396 (suspended), and 14 days of extra duty and restriction. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with a self-authored statement; DD Form 214; two character reference statements; and recommendation for AAM award and certificate. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is currently employed with a delivery company, he volunteers at his church's welfare program by delivering food to the less fortunate, and he has been in constant character building and strengthening by attending group meetings for addictions. 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, and the issues and documents submitted with his 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. 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 marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence 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 he was a good Soldier. In consideration of the applicant's service accomplishments and quality of his service prior to the misconduct incidents, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends an upgrade would allow him to take the job he was offered at Fort Bragg, go to school, marry his girlfriend after his mission, and start a family. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Further, 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 third party statements provided with the application speak highly of the applicant's character and performance, recognizing his good conduct after leaving the Army. Accordingly, his post- service accomplishments have been noted as outlined on the application and in the documents with the application. The Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge; however, there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. One of the applicant's third party statements indicated rendering him an opportunity to reenlist in the military. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 22 February 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 AR20160000664 1