1. Applicant's Name: a. Application Date: 20 May 2016 b. Date Received: 23 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, his discharge is inequitable because it was based on one isolated incident. He had 45 months of service with no other adverse action. On 2 June 2014, during a four-day weekend, the applicant offered to drive PVT L, who had been drinking, to his hotel where friends and family had organized a celebration for him. The applicant was invited to join them, along with SPC H. They both stayed and drank with them at the hotel where they had several snacks including a non-labeled bag of gummy worms, which he later found out contained THC. The following day SPC H and the applicant failed to show up for formation. When they awoke at the hotel, they called their sergeant and were picked up at the hotel, and sent to the company to take a breathalyzer and a urine test. He was given a CG Article 15 for missing formation while the unit was under Global Response Force and given seven days of extra duty. When his urinalysis results came back positive for THC, he was given 14 days of extra duty, was demoted, was fined two weeks of pay and was discharged from the Army. He believes his overall service was respectable and that a review of his performance and dedication as a whole, the Board would agree that he was a good Soldier. He was fully aware of the no tolerance drug policy, and he has taken full responsibility for his actions. He is remorseful about his poor judgment, which prevented him from fulfilling his entire contractual obligation to the Army. Since being discharged, he has put to good use many of the skills he learned in the Army. Since February 2015, he has been working as an inventory clerk at Llano Logistics, a drug free company, but he desires to go back to school to earn a degree in Environmental Biology. He is 29 years old and aspires to have a career that will benefit his family and country. The program that fits his career goals. However, the expense of obtaining this degree is cost- prohibitive for him. He requests the Army's the upgrade of his discharge in order to allow him access to the GI Bill education benefits. This benefit would facilitate his financial ability to further his education. His is grateful to the Army for the skills he received and understands that his behavior compromised the benefits he worked so hard for. He promises that, if his request is granted, he will be a dedicated student and give one hundred percent and then some. Per the Board's Medical Officer, based on the information available for review at the time, the applicant does not have a mitigating behavioral health disorder. JLV states applicant is 100% service connected for Generalized Anxiety Disorder and Panic Disorder. In a records review conducted at Arlington, VA on 2 August 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: 4 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 August 2014 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 3 May 2014 and on or about 3 June 2014, he wrongfully used marijuana, a Schedule I controlled substance; On or about 3 June 2014, he failed to be at his prescribed place of duty to wit: 0630 hours, accountability formation; and, Violated a lawful general regulation, to wit: 82nd Airborne Division Regulation No. 190-2, paragraph 4(g), dated 30 November 2010, by wrongfully having an alcohol concentration in his breath equal to or greater than .05 grams of alcohol per 210 liters of breath while his unit was under the Global Response Force in the Division Ready Force #1 Status. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 19 August 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 May 2011 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 89B1P, Ammunition Supply Specialist / 3 years, 4 months, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; and, three character statements. 6. POST SERVICE ACCOMPLISHMENTS: Gained employment. 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 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 applicant contends that he had good service. 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his strong work ethic while in the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 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 2 August 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 AR20160009839 4