1. Applicant's Name: a. Application Date: 25 May 2016 b. Date Received: 1 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he received two urinalysis within two weeks. He was told that he would be sent to rehabilitation because of his condition. At the time he used drugs, he had issues and problems with his previous marriage. Additionally, he was dealing with a death in his family. He was young and was unable to cope with his problems. He admits that he made a bad mistake and believes, if he had to do it all over again, he would have sought help. He enjoyed being in the Army and received several awards. He was promoted quickly to specialist because of his performance. He only had six months in service when the incident occurred. Since his discharge, he has remarried and has three children. He states, because of all that he has gained over the years it has helped him become a better husband. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's behavioral health conditions did not mitigate the misconduct. In a records review conducted at Arlington, VA on 11 August 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, the length of time since the discharge, and the lack of medical records available and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 14 November 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 August 2003 (2) Basis for Separation: The applicant was informed of the following reasons: He had three incidents of wrongful use of a controlled substance (THC). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 2 September 2003 (5) Administrative Separation Board: On 2 September 2003, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. The separation packet, reflects that on 24 October 2003, the separation authority denied the applicant's conditional waiver. On 29 October 2003, the applicant unconditionally waived his rights to an administrative separation board. (6) Separation Decision Date / Characterization: 4 November 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 June 2000 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91G10, Patient Administrative Specialist / 3 years, 4 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AAM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624, dated 17 January 2003, reflects the applicant tested positive for THC (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 2 January 2003. FG Article 15, dated 25 February 2003, for wrongfully using tetrahydrocannabinol (THC) (between 3 December 2002 and 2 January 2003). The punishment consisted of a reduction to E-3; extra duty and restriction for 45 days; and, an oral reprimand. DD Form 2624, dated 4 March 2003, reflects the applicant tested positive for THC (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 18 February 2003. DD Form 2624, dated 22 May 2003, reflects the applicant tested positive for THC (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 9 May 2003. FG Article 15, dated 23 July 2003, for wrongfully using tetrahydrocannabinol (THC) (between 18 January and 18 February 2003 and between 9 April and 9 may 2003). The punishment consisted of a reduction to E-1; extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 9 June 2003, 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. 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 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 under other than 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 was having family issues that affected his behavior and 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 applicant contends that he was told he would be sent to rehabilitation. However, AR 635- 200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 statement provided with the application spoke highly of the applicant's performance. The author recognized his good conduct after leaving the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 11 August 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, the length of time since the discharge, and the lack of medical records available and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20160010544 1