1. Applicant's Name: a. Application Date: 1 August 2016 b. Date Received: 5 August 2016 c. Counsel: 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 needs an upgrade so he can further his education with help of the GI Bill. He failed one drug test during 12 years of service, except for that one incident his record was clean his entire career. In a records review conducted at Arlington, VA on 13 October 2017, and by a 3-2 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, to include combat service, prior periods of honorable service, and post-service accomplishments and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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: 6 October 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 14 September 2010 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he tested positive for marijuana and any other misconduct. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 September 2010 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative board. (6) Separation Decision Date / Characterization: 29 September 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 November 2007 / 4 years, 11 weeks b. Age at Enlistment / Education / GT Score: 29 years / GED Certificate / 89 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 11 years, 5 months, 5 days d. Prior Service / Characterizations: ARNG, 25 August 1998 to 2 November 1998 / NA IADT, 3 November 1998 to 26 February 1999 / NA ARNG, 27 February 1999 to 22 November 1999 / NA ADT, 23 November 1999 to 26 January 2000 / NA ARNG, 27 January 2000 to 24 November 2000 / GD USARCG, 25 November 2000 to 5 March 2004 / NA ARNG, 6 March 2004 to 22 January 2005 / NA AD, 23 January 2005 to 17 May 2005 / HD ARNG, 18 May 2005 to 24 August 2006 / GD USARCG, 25 August 2006 to 20 February 2007 / HD (Break In Service) e. Overseas Service / Combat Service: SWA / Iraq, 5 May 2009 to 19 April 2010 f. Awards and Decorations: NDSM, ICM-CS, GWOTSM, AFRM-"M" DEV, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: A positive urinalysis test coded IU (Inspection Unit), dated 28 June 2010, for THC. FG Article 15, dated 23 July 2010, for wrongfully use marijuana between (29 May 2010 and 28 June 2010); reduction to PVT / E-1, forfeiture of $723 pay for two months (suspended), extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 2 August 2010, relates it was the professional opinion of Dr. J.N., that the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action or reclassification), or to any behavioral health treatment methods currently available in the military. He was psychiatrically cleared for any administrative action deemed appropriate by command. He received a negative counseling statement for a positive drug test. i. Lost Time / Mode of Return: j. Diagnosed PTSD / TBI / Behavioral Health: 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); FG Article 15; and a Cortiva Institute, academic and attendance report; and a DD Form 214. 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. 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 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 needs an upgrade so he can further his education with help of the GI Bill. 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 further contends, he failed one drug test during 12 years of service, except for that one incident his record was clean his entire career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 13 October 2017, and by a 3-2 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, to include combat service, prior periods of honorable service, and post-service accomplishments and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / Change to RE code to 3 f. Restore 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 AR20160014026 2