1. Applicant's Name: a. Application Date: 24 September 2015 b. Date Received: 23 March 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 effect, the discharge was inequitable because it was based on one false isolated incident in 72 months of service with no other adverse action. On 7 March 2014, the Criminal Investigation Division (CID) informed the applicant of a failed urinalysis, which the applicant states is false. The applicant states there was a recently passed urinalysis given by the company, during the same time frame. CID told the applicant that one of their agents had witnessed the act of doing drugs, which the applicant states was also false. CID was notified that the applicant wanted to speak to a lawyer and JAG before proceeding. The applicant was told by CID that if the applicant spoke to any legal representation that it was possible to face up to five years in federal prison. The applicant became confused and afraid. The agents kept accusing the applicant of false claims and would not show or give any information about the accuser. The applicant offered to take a lie detector test, but was refused. The applicant was interrogated on the false claims and was denied his legal rights or representation. The applicant states, there had been other Soldiers who were already trouble makers that were being chaptered out doing said acts, but the applicant did not participate in the actions. The applicant's roommate was present during the alleged event and both left together. After almost 10 hours of interrogation by multiple CID agents and without legal counsel, the applicant became mentally and physically exhausted. The applicant lied and gave a false sworn statement in order to go home; which the applicant now regrets. The applicant was at the wrong place at the wrong time, but did not commit such acts. The applicant states there was not an opportunity to defend oneself at the time of the event. The applicant was lied to by numerous agents and basically forced out of the Army based on hearsay from another Soldier who was being chaptered. The applicant states the record is clean and has had never received any punishment in the six years of service. The applicant desires to reenlist in the Army and work in JAG in order to help Soldiers who are put in similar situations. The applicant comes from a Family where military service is a tradition and has lived the military life. The applicant would like to continue that tradition and pass those values onto his son. The applicant would like to continue to serve the country and provide for its safety and eventually retire from the Army. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, notes indicate the applicant does have Behavioral Health (BH) diagnoses. VA records indicate the applicant has screened negative for PTSD and TBI and therefore does not have a mitigating BH disorder which led to separation. In a records review conducted at Arlington, VA on 1 August 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: 16 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 April 2014 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used cocaine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 30 April 2014 (5) Administrative Separation Board: On 30 April 2014, 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 general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 30 April 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 November 2010 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 6 years, 24 days d. Prior Service / Characterizations: RA, 23 April 2008 - 29 November 2010 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (10 September 2009 - 15 August 2010) f. Awards and Decorations: ARCOM, AGCM, NDSM, GWOTSM, KDSM, ICM-CS, ASR, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation - Initial Final, dated 13 March 2014, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Use of cocaine when he snorted cocaine with multiple Soldiers while at an off-Post residence in El Paso, Texas. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 7 April 2014, the examining medical physician noted in the comments section that the applicant had been treated for Panic attacks and Anxiety. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, a self-authored statement and a CID report. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 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 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. 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 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 he was separated from the Army based on hearsay and was denied the opportunity to speak with legal counsel. 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. Further, evidence of the record reflects that the applicant did consult with counsel on 30 April 2014, and subsequently waived his right to an administrative separation board, contingent upon him receiving a General (Under Honorable Conditions) characterization of service. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The applicant contends that he had good service which included a combat tour. 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 1 August 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 AR20170010965 1