1. Applicant's Name: a. Application Date: 13 June 2017 b. Date Received: 19 June 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, would like for the character of service to properly represent the applicant was an honorable Soldier upon being discharged despite the mistake of misconduct. The applicant contends to continually applying oneself which resulted in being promoted prior to others and earning an AAM for success in the assigned MOS. The applicant believes that although there is the inability to rejoin the military and finish the time of serving, the applicant is still able to earn a respectable career and be a positive and productive member in society for the rest of life, not letting a single mistake be defining and lead the applicant down a path of more negativity. The applicant made mistakes and understands them, as well as, understands how to have patience in life so as to never make a mistake of this nature again thus making it an isolated incident, leaving honor intact and now allowing the applicant to move forward in life. In a records review conducted at Arlington, VA on 30 January 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: 25 February 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 December 2008 (2) Basis for Separation: The applicant was informed of the following reason: wrongfully using cocaine between 2 October 2009 and 5 October 2009. (3) Recommended Characterization: Evidence in the record shows that the unit and intermediate commanders did not recommend a characterization of service, but did recommended that the applicant be retained on active duty. (4) Legal Consultation Date: 30 December 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 January 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 August 2008 / 4 years, 17 weeks b. Age at Enlistment / Education / GT Score: 21 / GED / 129 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13B10, Cannon Crewmember / 1 year, 6 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR (The applicant makes reference to having received the AAM; however, the available records does not support his claim) g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 16 October 2009, which reflects the applicant tested positive for COC 353 OXCOD 241 and OXMOR 303 during an IR (Inspection Random) urinalysis testing conducted on 5 October 2009. FG Article 15, dated 19 November 2009, for wrongfully using cocaine between 2 October 2009 and 5 October 2009. The punishment consisted of reduction to E1, forfeiture of $699, and extra duty and restriction for 45 days. Report of Behavioral Health Evaluation, dated 7 December 2009, which shows the applicant was diagnosed with an Axis I for Cocaine Abuse. It was noted that the applicant did not exhibit symptoms that met the criteria for nor had the applicant been diagnosed with PTSD or a TBI. There was no evidence of an emotional or mental disorder of psychiatric significance at that time to warrant disposition through medical channels; therefore, the applicant was psychiatrically cleared for any administrative action deemed appropriated by his command, including administrative discharge. Several negative counseling statements for acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and self-authored 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 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 his 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 he should have been retained on Active duty. The applicant seeks relief contending, that he would like for his character of service to properly represent he was an honorable Soldier upon being discharged despite his mistake of misconduct. He contends that he continually applied himself which resulted in him being promoted prior to others and earning an AAM for the manner in which applied himself in his MOS. He believes that although he is unable to rejoin the military to finish his time of serving, he is still able to earn a respectable career and be a positive and productive member in society for the rest of his life, not letting a single mistake define him and lead him down a path of more negativity. He contends he made mistakes and understands them as well as understands how to have patience in life so as to never make a mistake of this nature again thus making it an isolated incident, leaving his honor intact and now allowing him to move forward in life. The applicant's contentions were noted; 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. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. It should be noted; by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 30 January 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 AR20170012330 1