1. Applicant's Name: a. Application Date: 27 July 2016 b. Date Received: 29 July 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 was an outstanding Soldier, until he received an Article 15. He states, he had never been in any trouble before or after his one offense. He states, everyone makes mistakes and trusts that a review of his service record will make it evident to the Board that an upgrade is warranted. In a records review conducted at Arlington, VA on 27 September 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 (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 25 July 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 July 2012 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 22 February 2012, he violated a lawful general order, by wrongfully possessing pornographic magazines. On or about 5 February 2012, he wrongfully possessed Zopiclone (Lunesta), a schedule IV controlled substance. On or about 5 February 2012, he wrongfully possessed Zolpidem (Ambien), a schedule IV controlled substance. On or about 4 Feb 2012, he tested positive for TRAMADOL during a UA. On or about 5 February 2012, he wrongfully possessed Promethazine-Codine, a schedule II controlled substance. On or about 12 January 2012, he failed to obey a lawful order issued by CPT C, by wrongfully bringing removable media into an area that had a computer connected to a secure network, and On or about 1 April 2011 and on or about 1 July 2011, he wrote letters to commercial entities soliciting free merchandise by misrepresenting his military duties, using letterheads depicting a 3d Brigade Combat Team symbol and an Afghan flag. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 July 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 July 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 September 2009 / 3 years, 32 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 35F10, Intelligence Analyst / 2 years, 10 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (27 March 2011 - 20 March 2012) f. Awards and Decorations: ARCOM, AAM, NATOMDL, NDSM, ACM-2CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: AFMES / Division of Forensic Toxicology - Toxicological Request Form, dated 8 February 2012, reflects on 4 February 2012, the applicant was found with possession of medication Tramadol and Codeine, which was not prescribed to him. Report of Toxicological Examination, dated 19 March 2012, reflects the applicant tested positive for Tramadol. FG Article 15, dated 1 June 2013, for: violating a general order, by wrongfully introducing prescription drug, Tramadol, without a valid prescription to FOB Pasab (between 1 April 2011 and 5 February 2012); violated a general order by wrongfully possessing pornographic magazines (22 February 2012); failed to obey a lawful order by wrongfully bringing removable media into an area that has a computer connected to a secure network (12 January 2012); wrongfully possessed codeine, zopiclone and zolpidem (5 February 2012); wrongfully appropriated a motor vehicle (Gator), a value of more than $500 (25 January 2012); and, on diverse occasions between 1 April and 1 July 2011, wrote and sent letters to commercial entities soliciting fee merchandise by misrepresenting his military duties, using letterhead depicting a 3d Brigade Combat Team symbol and an Afghan flag. The punishment imposed was not in the applicant's service record. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 29 May 2012, 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 Opiate Abuse, in early full remission. 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 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 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 the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had good service which included a combat tour. 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 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 27 September 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 AR20160014063 1