1. Applicant's Name: a. Application Date: 27 July 2016 b. Date Received: 4 August 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 desires the upgrade to better his life in society and to proudly say that he is a veteran of the Armed Forces. He states, for years, he did not openly share this information nor did he attempt to utilize the benefits still available to him because of a heavy guilt that was placed upon his shoulders by his own very hands. He states, he bears the full responsibility of his actions and he understands exactly what he did to find himself in the position that he has created. If the Board denies him relief, then he will accept his fate. He states that although he was separated from the Army many years ago, its core values are ever present in his mind and actions. The experience he garnered afforded him the opportunity to better himself and he realizes the mistakes he made and to actualize a directive to correct said mistakes. At the time, he was 17 years of age, misguided, lost and he was plunged into a foreign land with limitless opportunities to explore himself. Though some choices resulted in his expulsion from the Army there were many other choices that allowed him to be a positive force in his company. He states, his boots were always shined to a mirror finish and his uniform was so crisp that fellow Soldiers sought him out with compensation to starch and press their uniforms. The applicant's unit held the fastest time for erecting a full site with communications, camo, a 15 meter antenna and a generator powered up. He states, in hindsight, he was seen as a leader who was fast tracking to become an E-5 in record time. He rebelled against his superiors because he was an ignorant teenager who did not understand or like the hierarchy of the military. He states, he believed that his hard work and commitment to his fellow Soldiers meant enough for his ascension and he was dissuaded by being forced to parade himself before the Soldier of the Month board as his promotion was dangled before him like a carrot. He did not understand the complex structure of the ranking system and he viewed it as a personal slight against him, so he turned bitter and reacted, instead of responding in a mature and adequate manner. The applicant states he knows full well the error of his ways during that time and he accepts responsibility for those actions. He has grown tremendously over the years and he owes the military a sincere and heartfelt thank you for setting him on the proper path. I have worn various hats in life and he has been viewed as a source of inspiration and motivation for his peers, clients and friends. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. No AHLTA records were available for review. Report of Mental Status Evaluation, dated 3 April 2013, indicated SM was cleared for administrative actions and diagnosed with RO Substance Abuse and RO Adjustment Disorder with mixed disturbance of mood and conduct. In a records review conducted at Arlington, VA on 4 October 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 / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 22 September 2001 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 August 2001 (2) Basis for Separation: The applicant was informed of the following reasons: He tested positive during a unit urinalysis for marijuana and ecstasy. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 August 2001 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 September 2001 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 May 1999 / 4 years b. Age at Enlistment / Education / GT Score: 17 / GED / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31R10, Multichannel Transmission Systems Operator - Maintainer / 2 years, 3 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 10 July 2001, for wrongfully using ecstasy (between 30 March and 30 April 2001); and, for wrongfully using marijuana (between 30 April and 13 May 2001). The punishment consisted of a reduction to E- 1; forfeiture of $521 pay per month for two months; and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 3 April 2013, 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. The applicant was diagnosed with RO Substance Abuse and RO Adjustment Disorder with mixed disturbance of mood and conduct. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he is more mature and is a source for inspiration and motivation for his peers, clients and friends. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 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 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, 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 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. 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 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving 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 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 4 October 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 AR20160013881 3