1. Applicant's Name: a. Application Date: 18 December 2015 b. Date Received: 22 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, he attempted to get a hardship discharge through multiple agencies; however, no one could help him. His life spiraled out of control as he searched for help. He was discharged two months prior to the end of his obligated service. He is unable to move forward with his life. 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 / AR 635-200 / Chapter 14-12c (2) / JKK / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 November 2001 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 December 2001 (2) Basis for Separation: The applicant wrongfully used marijuana on three occasions (between 18 June and 18 July 2000; 1 and 30 July 2001; and, 18 August and 18 September 2001). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 October 2001 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 November 2001 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 January 1999 / 3 years b. Age at Enlistment / Education / GT Score: 18 / GED / 107 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Light Wheeled Vehicle Mechanic / 2 years, 9 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, Kosovo / None f. Awards and Decorations: AAM, ASR (Note: The applicant provided a copy of his AAM certificate, however this award is not reflected on his DD Form 214). g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624, dated 31 July 2000, reflects the applicant tested positive for THC (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 18 July 2000. Military Police Report, dated 7 September 2000, reflects the applicant was the subject of an investigation for allowing another Soldier, PFC K., to operate his (the applicant's) vehicle while intoxicated. FG Article 15, dated 29 September 2000, for wrongfully using marijuana (18 July 2000) and failed to obey a lawful order by allowing PFC K. to drive his rental vehicle while intoxicated. The punishment consisted of a reduction to E-1, forfeiture of $502 pay per month for two months (suspended), and extra duty and restriction for 45 days. DD Form 2624, dated 20 August 2001, reflects the applicant tested positive for THC (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 30 July 2001. FG Article 15, dated 28 September 2001, for wrongfully using marijuana (between 1 and 30 July 2001). The punishment consisted of a reduction to E-1, forfeiture of $521 pay per month for two months (suspended), extra duty and restriction for 45 days, and an oral reprimand. DD Form 2624, dated 4 October 2001, reflects the applicant tested positive for THC (marijuana) during an Inspection Unit (IU) urinalysis testing conducted on 18 September 2001. Two Developmental Counseling Forms for failing to report to his appointed place of duty at time prescribed and tested positive for improper use of drugs. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. 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 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 that the applicant's service mitigated the misconduct or poor duty performance, such that he should be retained on active duty. The applicant contends that he was having family issues that affected his behavior, which ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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 AR20160001653 1