1. Applicant's Name: a. Application Date: 11 April 2017 b. Date Received: 15 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under other than honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that his discharge should be upgraded base on his belief that his urinalysis was incorrect. He contends that he requested another test to verify his claim that was never granted. Since his discharge he has been tested several times with federal D.O.T. urinalysis tests over the years due to his career as a commercial driver and has not had any positive results returned. He is now a father and would like to have this incorrect blemish on his service history corrected, for more than just himself. In a records review conducted at Arlington, VA on 12 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 13 April 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 February 2004 (2) Basis for Separation: The applicant was informed of the following reason: testing positive for cocaine use during a random urinalysis (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 February 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 March 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 November 2001 / 5 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 15Q1P, Air Traffic Control Operator / 2 years, 4 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (21 January 2003 to 12 September 2003) f. Awards and Decorations: ARCOM, NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 27 October 2003, reflects the applicant tested positive for Cocaine during an Inspection Random (IR) urinalysis testing conducted on 20 October 2003. FG Article 15, dated 3 December 2003, for the wrongful use of cocaine on or about 16 October 2003 and 20 October 2003. The punishment consisted of reduction to E-1, forfeiture of $575 pay per month for two months, and extra duty and restriction for 45 days. Counseling statement for testing positive for cocaine during a 100% company urinalysis administered on 20 October 2003. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 other than 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 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 her service below that meriting an honorable 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 she should have been retained on Active duty. The applicant seeks relief contending that his discharge should be upgraded base on his belief that his urinalysis was incorrect. He contends that he requested another test to verify his claim that was never granted. Since his discharge he has been tested several times with federal D.O.T. urinalysis tests over the years due to his career as a commercial driver and has not had any positive results returned. He is now a father and would like to have this incorrect blemish on his service history corrected, for more than just himself. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his urinalysis was incorrect. The applicant's statements alone does not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. Also, the applicant's positive urinalysis test was a result of the command's random urine testing program to maintain good order and discipline within the unit. 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 12 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 AR20170008449 1