1. Applicant’s Name: a. Application Date: 27 June 2016 b. Date Received: 27 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general, under honorable conditions to honorable. The applicant seeks relief contending, in effect, he made a mistake while in the Army and accepts full responsibility for his actions. He desires to receive VA benefits to better himself. In a records review conducted at Arlington, VA on 19 August 2016, 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, Paragraph 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 14 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 December 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; wrongfully using marijuana x2 between (27 April 2014 and 27 May 2014) and between (16 September 2014 and 15 October 2014) (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 11 December 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 5 January 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 5 March 2013 / 4 years and 21 weeks b. Age at Enlistment/Education/GT Score: 21 years / HS Grad / 106 c. Highest Grade Achieved/MOS/Total Service: PFC / E-3 / 42A10, Human Resources Specialist / 1 year, 10 months and 10 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: Positive urinalysis test coded IR (Inspection Random), dated 27 May 2014, for THC FG Article 15, dated 5 September 2014, for wrongfully using marijuana between (27 April 2014 and 27 May 2014); reduction to PVT / E-2, forfeiture of $858 pay (suspended), and extra duty and restriction for 45 days. Positive urinalysis test coded IU (Inspection Unit), dated 15 October 2014, for THC FG Article 15, dated 25 November 2014, for wrongfully using marijuana between (16 September 2014 and 15 October 2014); reduction to PVT / E-1, forfeiture of $200 pay for two months (suspended), and extra duty for 45 days. The applicant received several negative counseling statements for positive drug tests, pending separation action for drug abuse and debt counseling. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822-R (Report of Mental Status Evaluation), dated 19 September 2014, indicates the applicant had an Axis I diagnosis of occupational problems and a cannabis use disorder. There was no evidence of thought disorder or psychotic symptoms. He has not deployed in the past 24 months and does not have PTSD or TBI. He was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative proceedings. He was psychiatrically cleared for chapter separation; however, it was recommended that he follow up with any remaining ASAP appointments, and he was advised to seek services at Behavioral Health for further evaluation of possible insomnia. 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 293 dated 27 June 2016, and the applicant’s statement, unsigned. 6. POST SERVICE ACCOMPLISHMENTS: None provide by the applicant. 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. 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general, under honorable conditions to honorable. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. 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 diminished the quality of his service below that meriting an honorable discharge at the time of his separation. 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 seeks relief contending, he made a mistake while in the Army and accepts full responsibility for his actions. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant’s numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant desires to receive VA benefits to better himself. 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 19 August 2016, 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: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160011602 1