1. Applicant's Name: a. Application Date: 7 April 2016 b. Date Received: 20 May 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 seeks relief contending, in effect, he served a term of 43 months in the Army and desires the upgrade for educational purposes. During his Army career, he adapted quickly, earned the respect of his peers and leadership, by maintaining discipline, respect, hard work and the ability to lead others. He was fortunate to gain the rank of sergeant in 26 months of service. He achieved the Commandants List in the Warrior Leaders Course and served as the gunner of the Top Tank Crew on Fort, Bliss post in 2015. He was very knowledgeable in his job and he always served with pride and dignity. He reenlisted for a second term and before his separation, he received the Good Conduct Medal. His long term goal was to make the military a career and earn a degree using the opportunities that were provided. As a civilian, it is beneficial to have a degree for job purposes. He is married with no children and desires to be able to earn a degree to provide for his family in the future. The upgrade would not only change his benefits, but it will change his life, as did the Army. He recently applied, and was accepted to Full Sail University in 2016 and the education benefit is the only way he is able to afford college. In a records review conducted at Arlington, VA on 23 June 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: 17 November 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 October 2015 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used marijuana between 14 June 2015 and 14 July 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 October 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 November 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 November 2014 / 4 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19K10, M1 Armor Crewman / 3 years, 6 months, 18 days d. Prior Service / Characterizations: RA, 30 April 2012 - 5 November 2014 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, GWOTSM, NCOPDR, ASR g. Performance Ratings: 1 July 2014 - 30 June 2015, Among the Best h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 7 August 2015, reflects the applicant tested positive for THC 44 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 14 July 2015. Electronic Copy of DD Form 2624, dated 13 August 2015, reflects the applicant tested positive for THC 23 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 28 July 2015. FG Article 15, dated 28 August 2015, for wrongfully using marijuana (between 14 June and 14 July 2015). The punishment consisted of a reduction to E-4; forfeiture of $1,119 pay per month for two months; extra duty and restriction for 45 days; and, an oral reprimand. Report of Mental Status Evaluation, dated 25 August 2015, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Two Developmental Counseling Forms, for testing positive for substance abuse and intent to separate from service. 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: Accepted to a university. 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, 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 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 have been retained on active duty. The applicant contends that he had good service which included many awards and recognitions. 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. The applicant is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 23 June 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160008936 4