1. Applicant's Name: a. Application Date: 4 May 2017 b. Date Received: 8 May 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. He requests that his deployments and any and all awards that he is entitled to be reflected on his DD Form 214 or on a DD Form 215. He believes that he was wrongfully accused of drug abuse because that is not who he is as a person. He states, he does not do drugs and he believes being discharged over drug abuse makes him look like a drug addict to the rest of the world. He was given prescription medication by his supervisor, Staff Sergeant H, who gave it to the applicant and told him that it would help him sleep. The applicant did not know what it was, but he said it was something our medics would give us on long flights to different countries. He took it and then he was drug tested the next day. The applicant came up positive for something that he did not even know what it was on the urinalysis. He states, they did a chapter 15 and the applicant made them aware what he had been given, but because the Staff Sergeant retired, they did not question him. In a records review conducted at Arlington, VA on 26 September 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: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 28 February 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 January 2014 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 1 August 2013, and on or about 13 August 2013, he wrongfully used nordiazepam, oxazepam and temazepam. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 January 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 January 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 February 2011 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y1P, Unit Supply Specialist / 5 years, 9 months, 12 days d. Prior Service / Characterizations: RA, 19 May 2008 - 15 February 2011 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 26 August 2013, reflects the applicant tested positive for NORD 2020 (nordiazepam), OXAZ 3977 (oxazepam) and TEMA 4580 (temazepam), during an Inspection Random (IR) urinalysis testing, conducted on 13 August 2013. CID Report of Investigation - Initial Final, dated 21 September 2013, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Use of a Controlled Substance when he consumed Nordiazepam, Oxazepam and Temazepam; then subsequently tested positive during a unit urinalysis Inspection, conducted on 13 August 2013. Report of Mental Status Evaluation, dated 20 December 2013, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD From 1610; DD Form 293; Case separation file; deployment orders; and, personal statement. 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 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, 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 marred the quality of his service below that meriting an honorable discharge by the separation authority at the time of 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 on Active Duty. The applicant contends that all of his awards that he was entitled to and his deployments be reflected on his DD Form 214 or a DD Form 215. However, the applicant's requested changes to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends he was wrongfully accused of something he did not do, which led to his discharge. 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 26 September 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 a New DD-214 / Issue a 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 / 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 AR20170008051 1