1. Applicant's Name: a. Application Date: 21 March 2016 b. Date Received: 11 April 2016 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 raised no issues of impropriety or equity for the Board's consideration. In a records review conducted at Arlington, VA on 31 May 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 10 January 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 January 2011 (2) Basis for Separation: The applicant wrongfully used marijuana, a Schedule I controlled substance (between 14 August and 14 September 2010). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 11 January 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 January 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 March 2009 / 6 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13F10, Fire Support Specialist / 6 years, 5 months, 15 days d. Prior Service / Characterizations: ARNG, 27 July 2004 to 13 September 2004 / NA AD, 14 September 2004 to 9 November 2005 / HD ARNG, 10 November 2005 to 25 February 2007 / HD RA, 26 February 2007 to 27 March 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (11 October 2008 to 28 September 2009) f. Awards and Decorations: ICM-2CS, ARCOM, AAM-2, AGCM, NDSM, GWOTSM, NCOPDR, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 13 February 2008, reflects the applicant was apprehended for Obstruction of Justice (UCMJ 134) (on post). Military Police Report, dated 11 March 2008, reflects the applicant was apprehended for driving while cancelled, suspended, or revoked (on post); Electronic Copy of DD Form 2624, dated 30 September 2010, reflects the applicant tested positive for THC 21 (marijuana), during an Inspection Unit (IU) urinalysis testing conducted on 14 September 2010. Developmental Counseling Form, dated 4 October 2010, for wrongful use of marijuana. FG Article 15, dated 12 October 2010, for wrongfully using marijuana (between 14 August and 14 September 2010). The punishment consisted of a reduction to E-4, forfeiture of $1,146 pay per month for two months, and extra duty and restriction for 45 days. Report of Behavioral Health Evaluation, dated 15 December 2010, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 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(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 applicant raised no issues of propriety or equity for the Board's consideration. 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 marred the quality of his service. 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 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 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 31 May 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160007915 4