1. Applicant's Name: a. Application Date: 10 November 2017 b. Date Received: 13 November 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to get VA Benefits. As noted by the applicant's legal counsel, the applicant received an honorable discharge for service in the Army National Guard which represents eleven years of honorable service to the country. In a personal appearance hearing conducted at Arlington, VA on 26 August 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and post-service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 18 August 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 July 2006 (2) Basis for Separation: The applicant was informed of the following reasons: for receiving a Field Grade Article 15 for violation of Article 112a, wrongful use of marijuana and cocaine; Violation of a lawful general order, specifically General Order Number 1, by watching a pornographic video in the CENTCOM area of operation; and Receiving another Field Grade Article 15 for wrongful use of cocaine while in the CENTCOM area of operations in June of 2006. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 7 July 2006 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board (6) Separation Decision Date / Characterization: 23 July 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 May 2003 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / c. Highest Grade Achieved / MOS / Total Service: E-4 / 91W1P, Health Care Specialist / 12 years, 11 months, 8 days d. Prior Service / Characterizations: RA, 28 January 1991 to 24 September 1991 / GD (Break-in-Service) ARNG, 1 October 1993 to 30 September 2002 / HD (Break-in-Service) e. Overseas Service / Combat Service: SWA / Kuwait/Iraq (28 December 2003 to 14 February 2004 and 26 September 2005 to 31 July 2006) f. Awards and Decorations: ARCOM-3, ARCAM-2, NDSM-2, ICM, GWOTEM, GWOTSM, ASR, OSR, OSB-2, KU-LIB-MDL (Kuwait) / CMB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Memorandum for Commander, dated 6 October 2005 (Drug Urine Positive (Cocaine, LSD, THC)), shows the applicant tested positive on 14 September 2005 for COC/THC. FG Article 15, dated 3 May 2006, for wrongfully using marijuana and cocaine between 14 August 2005 and 14 September 2005. The punishment consisted of reduction to E-2, forfeiture of $713.00 for one month, and extra duty for 45 days. Electronic copy of the DD Form 2624, dated 19 May 2006, reflects the applicant tested positive for COC 152 during an Inspection Unit (IU) urinalysis testing conducted on 27 April 2006. FG Article 15, dated 3 June 2006, for wrongfully using cocaine between 27 March 2006 and 27 April 2006. The punishment consisted of reduction to E-1, forfeiture of $636.00 pay per month for two months, and extra duty for 45 days (all punishment suspended). Negative counseling statements for acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and several letters of support. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). 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 a general (under honorable conditions) 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's prior periods of service in the Regular Army and Army National Guard, were noted, and the applicant is to be commended on his accomplishment. However, for the period under review, 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 applicant seeks relief contending that he would like an upgrade of his discharge for the purpose of being able to get VA Benefits. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore; 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Character Statements - 5 Pages b. The applicant presented the following additional contention(s): Applicant and counsel provided oral arguments in support of the contentions they provided in their written submissions and in support of their documentary evidence. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 26 August 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and post-service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20170017644 4