1. Applicant's Name: a. Application Date: 31 October 2017 b. Date Received: 1 November 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, after six years of honorable service in the United States Army Reserve, the applicant made a horrible mistake and it has negatively affected life since. The applicant would like an upgrade to procure employment which has been restricted regardless of skills and ability. The applicant requests an upgrade to further a career in Emergency medicine as a paramedic, complete education, and one day serve the community as a Nurse Practitioner. The applicant's ultimate dream is to rejoin our armed forces and honorably serve in a medical capacity. In a records review conducted at Arlington, VA on 12 December 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and the circumstances surrounding the discharge and as a result it is inequitable. 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 (Abuse of Illegal Drugs) / AR 135-178, Paragraph 12-1d / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 22 January 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 25 February 2011 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; abuse of illegal drugs. (3) Recommended Characterization: The applicant's chain of command recommended a General (Under Honorable Conditions) discharge. (4) Legal Consultation Date: On 25 February 2011, the unit commander also suspended the separation action for 45 days to afford the applicant the opportunity to consult with legal counsel and exercise her legal rights. The applicant had to respond within 30 calendar days after receipt of the notification memorandum, unless she requested and received an extension. Failure to respond within 30 calendar days of the date of her receipt of this memorandum would constitute a waiver of her rights. The record of evidence does not show that the applicant responded within the time frame allocated. (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 5 January 2012 / Under Other Than Honorable Conditions / the applicant was reduced to the lowest enlisted rank. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 December 2005 / 8 years b. Age at Enlistment / Education / GT Score: 18 years / 12th Grade / 101 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 6 years, 1 month, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NIF g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: A positive urinalysis test coded IU (Inspection Unit), dated 8 January 2011, for THC. The applicant received a negative counseling statement, dated 25 February 2011, for a positive drug test. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 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, and convictions by civil authorities. 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 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant's record of service and the issues submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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. By the misconduct, abuse of illegal drugs, the applicant diminished the quality of her service below that meriting a general (under honorable conditions) or an honorable discharge at the time of separation. 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 in the US Army Reserve. The applicant seeks relief contending, she needs a discharge upgrade to further her career in emergency medicine as a paramedic, complete her education and one day serve her community as a Nurse Practitioner. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. The applicant further contends, her ultimate dream is to rejoin our armed forces and honorably serve in a medical capacity. At the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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 December 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and the circumstances surrounding the discharge and as a result it is inequitable. 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. 10. 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 AR20170018232 1