1. Applicant's Name: a. Application Date: 12 December 2012 (sic) b. Date Received: 19 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he was told at the time of his incident that if he complied with all the requests and give everything that was needed to the parties involved, he would not be chaptered out. Instead he was given 30 days and chaptered out in lieu of court-martial. He was a squad leader with over seven years of service with numerous deployments. He had never been in trouble before and he was on his way to be promoted to SFC. The applicant had other Soldiers that had been in far worse trouble than him and they were all able to stay in the military. In a records review conducted at Arlington, VA on 16 March 2018, 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: In Lieu of Trial by Court-Martial / AR 635- 200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 27 April 2012 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 15 March 2012, the applicant was charged with: Charge I: Violation of Article 80, UCMJ, three specifications: In that the applicant on or about 20 January 2012, attempt to wrongfully distribute Adderall, a schedule II controlled substance. In that the applicant, on or about 5 June 2011, attempt to wrongfully possess Cocaine; and, In that the applicant, between on or about 7 December 2011 and on or about 31 January 2012, attempt to wrongfully possess Percocet, a schedule II controlled substance. Charge II: Violation of Article 112a, UCMJ, four specifications: In that the applicant, on or about 11 December 2011 and on or about 13 December 2011, wrongfully use Cocaine. In that the applicant, on or about 12 December 2011, wrongfully possess an unknown amount of Cocaine; In that the applicant, between on or about 15 December 2011 and on or about 16 December 2011, wrongfully use Cocaine; and, In that the applicant, on or about 31 January 2012, wrongfully possess an unknown amount of Cocaine. (2) Legal Consultation Date: 30 March 2012 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 17 April 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 October 2006 / 6 years b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-6 / 12B10, Combat Engineer / 7 years, 6 months, 28 days d. Prior Service / Characterizations: RA, 30 September 2004 - 5 October 2004 / HD e. Overseas Service / Combat Service: Alaska, SWA / Iraq (1 August 2006 - 15 November 2007 / 30 March 2009 - 23 March 2010) f. Awards and Decorations: ICM-3CS, ARCOM-2, AAM-4, USN MUC, AGCM-2, NDSM, GWOTSM, NCOPDR, ASR, OSR-3, CAB g. Performance Ratings: 1 November 2007 - 31 October 2008 / Fully Capable 1 April 2009 - 31 March 2010 / Fully Capable 1 April 2010 - 31 March 2011 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 26 January 2012, reflects the applicant tested positive for COC 280 (cocaine), during an Inspection Random (IR) urinalysis testing, conducted on 13 December 2011. CID Report of Investigation - Initial, dated 6 February 2012, reflects a preliminary investigation determined that the applicant provided a urine Specimen, which tested positive for cocaine. The applicant was interviewed and admitted to using cocaine on approximately 30 different occasions since entering the Army. The applicant also admitted he purchased four Percocet pills from SGT H; the applicant consumed one of the pills and sold the other three to PFC S. Additionally, the applicant admitted he gave his prescription Adderall to PFC S and also offered it to SGT M, after he requested it. Furthermore, the applicant admitted to asking CPL D to supply him with cocaine and was in turn asked by CPL D to obtain Percocet and Vicodin. A search of the applicant's residence revealed drug paraphernalia, which contained residue of an unknown white powder like substance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general (under honorable conditions) discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable conditions. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends that he was told at the time of his incident that if he complied with all the requests and give everything that was needed to the parties involved, he would not be chaptered out. 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 applicant contends that other Soldiers with similar offenses were not discharged. However, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant contends that he had good service which included two combat tours. 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 16 March 2018, 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD Code to: No Change f. Change RE Code 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 AR20170001130 1