1. Applicant's Name: a. Application Date: 28 April 2017 b. Date Received: 8 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he desires to receive VA benefits and to correct his characterization of service. He states, he performed 10 years of honorable service, but he made a one-time mistake, which cost him his rank and reputation. He desires the upgrade so that he may go on with his life. In a records review conducted at Arlington, VA on 19 October 2018, and by a 5-0 vote, the Board determined that the characterization of service was improper. The record indicates the applicant was authorized a general (under honorable conditions) characterization of service and was not granted this characterization nor an administrative separation board. Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 29 May 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 February 2008 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: On 26 November 2007, he tested positive for the use of cocaine during a company urinalysis test: On 20 November 2007, he turned in a DA form 2765-1 that he falsified: and, On 22 October 2007, he failed to show up to his appointed place of duty. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 22 February 2008 (5) Administrative Separation Board: On 22 February 2008, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than a general (under honorable conditions) discharge. On 9 May 2008, the separation authority approved the applicant's conditional waiver, however, he directed the applicant receive an Under Other Than Honorable Conditions characterization of service. He directed the applicant be reduced to the lowest enlisted grade. (6) Separation Decision Date / Characterization: On 9 May 2008, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14-12c (2), Misconduct (Drug Abuse). / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 July 2005 / 6 years b. Age at Enlistment / Education / GT Score: 26 / 1 year college / 118 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92Y20, Unit Supply Specialist / 10 years, 9 months, 10 days d. Prior Service / Characterizations: RA, 20 August 1997 - 13 December 2000 / HD RA, 14 December 2000 - 4 December 2002 / HD RA, 5 December 2002 - 18 July 2005 / HD e. Overseas Service / Combat Service: Hawaii, Korea, SWA / Afghanistan (28 March 2006 - 12 June 2006), Iraq (28 December 2006 - 27 February 2007) f. Awards and Decorations: JSM, ARCOM-2, AAM-2, AGCM-3, NDSM, ACM-CS, KDSM-2, ICM-CS, NCOPDR, ASR, CAB g. Performance Ratings: June 2005 - December 2005 / Among The Best 1 January 2006 - 31 December 2006 / Among The Best 1 January 2007 - 30 June 2007 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 3 December 2007, reflects the applicant tested positive for COC 323 (cocaine), Inspection Random (IR) urinalysis testing, conducted on 26 November 2007. FG Article 15, dated 1 February 2008, for wrongfully using cocaine (between 23 and 26 November 2007); with intent to deceive, stamp an official document, which was totally false (20 November 2007) and, failing to go at the time prescribed to his appointed place of duty (22 October 2007). The punishment consisted of a reduction to E-5; forfeiture of $1,346 pay per month for two months (suspended); and, extra duty and restriction for 45 days (suspended). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214, DD Form 293; and, VA Rating Decision. 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(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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence indicates the applicant conditionally waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than General (Under Honorable Conditions). The evidence of record shows that the applicant was entitled to one because he had over 6 years of total active and reserve military service at the time of initiation of the separation action and he received a recommendation for a characterization of service of Under Other Than Honorable Conditions from his company commander. The applicant requested to appear before an administrative separation board, if his waiver was not approved. The separation authority approved the applicant's conditional waiver on 8 May 2008, with a characterization of service of Under Other Than Honorable Conditions. An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board and did not waive it either. Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 October 2018, and by a 5-0 vote, the Board determined that the characterization of service was improper. The record indicates the applicant was authorized a general (under honorable conditions) characterization of service and was not granted this characterization nor an administrative separation board. Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / 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 AR20170007782 1