1. Applicant's Name: a. Application Date: 18 April 2017 b. Date Received: 21 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would allow the applicant to obtain employment in the civilian sector. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of ADHD, Bipolar Disorder, Alcohol Abuse, Cannabis Use, Substance Abuse, Impulse Control Disorder, and Adjustment Disorder with Anxious Mood. VA records show current diagnoses of Antisocial Personality Disorder, Major Depressive Disorder, and Anxiety Disorder NOS with no service-connected rating. In summary, although the applicant has BH diagnoses, they are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 8 February 2019, 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: 16 December 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 October 2009 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used marijuana. He was disrespectful to an NCO on numerous occasions. He wrongfully destroyed government property. He unlawfully assaulted an NCO. He was AWOL from 25 April 2008, until 2 May 2008. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 December 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 December 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 January 2007 / 6 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 11 months, 7 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Afghanistan (26 May 2008 to 23 March 2009) f. Awards and Decorations: NDSM; ACM-CS; GWOTSM; ASR; OSR; NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 19 December 2008, for leaving his place of duty without authority on 2 November 2008, being disrespectful in language towards an NCO on three separate occasions on 2 November 2008, wrongfully destroying a government property on 31 October 2008, and assaulting an NCO by grabbing the ACU top on 2 November 2008. The punishment consisted of forfeiture of $673 (one-half month's pay) pay per month for two months, and 45 days of extra duty and restriction. Summarized Article 15, dated 20 August 2009, for being disrespectful in language towards his first sergeant on 13 August 2009. The punishment consisted of 14 days of extra duty and restriction. Negative counseling statements for failing to be at his appointed place of duty at the prescribed time; disrespecting a commissioned officer; disrespecting a noncommissioned officer; physically assaulting a noncommissioned officer; failing to comply with an order or regulation; and losing his ID card. Reports of Behavioral Health Evaluation, dated 15 October 2009, 2 September 2009, 18 and 19 August 2009, and 8 December 2008, indicate the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: Seven days (AWOL from 25 April 2008 to 1 May 2008) / The applicant returned to his unit. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 18 April 2017. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), Misconduct (Drug Abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service and the issues 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 the incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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 an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities 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 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 8 February 2019, 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 AR20170009581 1