1. Applicant's Name: a. Application Date: 23 August 2016 b. Date Received: 31 August 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 is trying to make a better life for him and his family. He desires to receive VA benefits to attend college. In a records review conducted at Arlington, VA on 15 November 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 (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 18 March 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 30 January 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully used Oxymorphone between (1 September 2013 and 3 September 2013); and he wrongfully used Oxycodone between (1 September 2013 and 3 September 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 January 2014 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board, contingent upon receiving a characterization of service no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 4 March 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2008 / 6 years b. Age at Enlistment / Education / GT Score: 21 years / GED Certificate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 7 years, 1 month, 18 days d. Prior Service / Characterizations: RA, 1 February 2007 to 29 December 2008 / HD e. Overseas Service / Combat Service: Korea f. Awards and Decorations: AAM, AGCM-2, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), dated 19 August 2011, for assaulting his wife. CG Article 15, dated 12 June 2013, for being disrespectful in language toward SSG G., a noncommissioned officer, who was in the execution of his office, by saying to him "I'm not calming down," or words to that effect (23 April 2013); and having received a lawful order from SSG G., a noncommissioned officer, to calm his voice down, an order which it was his duty to obey, did willfully disobey the same (23 April 2013); reduction to PFC / E-3 (suspended), forfeiture of $470 pay (suspended), extra duty and restriction for 14 days and an oral reprimand. Summarized Article 15, dated 16 June 2013, for absent without leave; extra duty for 14 days. However, this Article 15 is not contained in the available record, see unit commander's recommendation memorandum. CG Article 15, dated 1 October 2013, for without authority, fail to go at the time prescribed to his appointed place of duty (4 September 2013); reduction to PFC / E-3, forfeiture of $470 pay (suspended), extra duty and restriction for 14 days. FG Article 15, dated 16 December 2013, for wrongful use of Oxymorphone between (1 September 2013 and 3 September 2013); and wrongfully used Oxycodone between (1 September 2013 and 3 September 2013); reduction to PVT / E-1, forfeiture of $758 pay for two months (suspended), extra duty for 45 days and an oral reprimand. Report of Mental Status Evaluation, dated 26 November 2013, revealed the applicant did not meet the criteria for a medical board in accordance with AR 40-501. He was cleared for administrative separation Chapter 14. The applicant received several negative counseling statements for various acts of misconduct, including a positive drug test. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 is trying to make a better life for him and his family. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant desires to receive VA benefits to attend college. 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 15 November 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 AR20160016217 1