1. Applicant's Name: a. Application Date: 9 August 2016 b. Date Received: 15 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests his under other than honorable conditions discharge be upgraded to honorable. The applicant seeks relief contending, in effect, that his discharge was inequitable because it was based on a single offense after 54 months of service. He contends that during his first 47 months of service he was promoted to E-4, served honorably in Afghanistan for 13 months and 5 days, was awarded the NATO Afghanistan Service Medal, ARCOM, NDSM, ACM-2CS, GWOTSM, ASR, OSR, and AFRM-M Device. He believes his positive urinalysis test was recorded in error and he had no subsequent positive urinalysis test before or since. He contends he received one counseling to inform him that he was being discharge. He contends his request to be put on one year probation to remain in service was denied, given he only had one incident of misconduct in 54 months of service shows his discharge was inequitable. In a records review conducted at Arlington, VA on 20 October 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service 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 general under honorable conditions and changed to the separation authority to AR 135-178, Paragraph 12-1a, and the narrative reason for separation to Misconduct (Minor Disciplinary Infractions). This Board action entails restoration of grade to E-4/SPC. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 135- 178, Paragraph 12-1d / NA / NA / Under Other than Honorable Conditions b. Date of Discharge: 25 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 November 2011 (2) Basis for Separation: The applicant was informed of the following reason: testing positive for THC on 23 September 2011 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 8 March 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 September 2007 / 8 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 124 c. Highest Grade Achieved / MOS / Total Service: E-4 / 89B10, Ammunition Specialist / 4 years, 7 months, 4 days d. Prior Service / Characterizations: USAR, 22 September 2007 to 22 October 2007 / NA ADT, 23 October 2007 to 17 April 2008 / UNC USAR, 18 April 2008 to 14 November 2009 / NA OAD, 15 November 2009 to 19 December 2010 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Afghanistan (23 December 2009 to 13 November 2010) f. Awards and Decorations: ARCOM, NDSM, ACM-2CS, GWOTSM, ASR, OSR, NATO Afghanistan Service Medal, and AFRM-M Device. g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 5 October 2011, reflects the applicant tested positive for THC 172 during an Inspection Random (IR) urinalysis testing conducted on 23 September 2011. Counseling statements that reference abuse of illegal drugs and initiation of separation actions. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form's 214 from two prior periods of active service; TPU reassignment orders; active duty release orders; personnel qualification record; and copy of separation packet. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 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, and convictions by civil authorities. 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. 8. DISCUSSION OF FACT(S): The applicant requests his under other than honorable conditions discharge be upgraded to honorable. The applicant's record of service, the documents and the issues submitted with the 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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 or general (under honorable conditions) discharge. 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 in the Army Reserve. The applicant seeks relief contending that his discharge was inequitable because it was based on a single offense after 54 months of service. 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. 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. He contends that during his first 47 months of serve he was promoted to E-4, served honorably in Afghanistan for 13 months and 5 days, was awarded the NATO Afghanistan Service Medal, ARCOM, NDSM, ACM-2CS, GWOTSM, ASR, OSR, and AFRM-M Device. 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 and the applicant is to be commended on his accomplishments. The applicant also contends that his positive urinalysis test was recorded in error and he had no subsequent positive urinalysis test before or since. He contends he received one counseling to inform him that he was being discharge. He contends his request to be put on one year probation to remain in service was denied, given he only had one incident of misconduct in 54 months of service shows his discharge was inequitable. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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 20 October 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service 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 general under honorable conditions and changed to the separation authority to AR 135-178, Paragraph 12-1a, and the narrative reason for separation to Misconduct (Minor Disciplinary Infractions). This Board action entails restoration of grade to E-4/SPC. 10. BOARD ACTION DIRECTED: a. Issue new Separation Order: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: Misconduct (Minor Disciplinary Infractions) d. Change Authority to: AR 135-178, Chapter 12-1a e. SPD/RE Code Change to: NA / NA f. Restoration to Grade: E-4/SPC To: ARBA Promulgation Team, Arlington, VA Date: 25 October 2017 The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes: (X) Change characterization of discharge to General, Under Honorable Conditions. (X) Change narrative reason to Misconduct (Minor Disciplinary Infractions) (X) Change authority to AR 135-178, Chapter 12-1a (X) Restore grade/rank to E-4/SPC 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 AR20160014998 1