1. Applicant's Name: a. Application Date: 17 November 2017 b. Date Received: 1 December 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, had wrote a letter to the board deciding on the applicant's duty status stemming from the results of a urinalysis. The applicant was using a home remedy and was later told indicated that the applicant had marijuana in one's system. The home remedy the applicant used was given to the applicant by a grandfather to help with pain from an accident. As a result of the accident, the applicant was recovering at home on convalescent leave and was prescribed an opioid, however was not getting better and only felt worse due to the side effects. The applicant did not question the grandfather because as long as the applicant can remember, the family members would take these remedies for healing purposes. The applicant knew nothing of what it was made of, but could tell a difference in recovery, to the point that when the applicant returned to duty, medical providers were amazed at the progress. All the applicant ever desired was to heal as fast as possible, so the applicant could get back to being a Soldier and do what was expected as an NCO. The applicant's sole purpose was to maintain discipline and continue pursuing military career goals in the Army without any unexpected consequences. The applicant has never failed a unit urine analysis, a surprise urine analysis and was not required to take another urine analysis in the approximately six to eight months prior to separation. In a records review conducted at Arlington, VA on 23 August 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 / AR 635-200 / Chapter 14-12c (2) / JKK / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 January 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 October 2002 (2) Basis for Separation: The applicant was informed of the following reasons: He received a Field Grade Article 15, on 15 July 2002, for violating Article 112a, UCMJ. (3) Recommended Characterization: The applicant's Company commander recommended that the applicant be retained in the Army. (4) Legal Consultation Date: 30 October 2002 (5) Administrative Separation Board: On 30 October 2002, the applicant unconditionally waived consideration of his case before an administrative separation board. On 12 December 2002, 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: 18 December 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 April 2000 / 3 years b. Age at Enlistment / Education / GT Score: 31 / 1 year college / 99 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91W30 Y2, Health Care Specialist / 13 years, 7 months, 6 days d. Prior Service / Characterizations: ARNG, 15 June 1989 - 3 January 1994 / NIF IADT, 1 August 1989 - 31 January 1990 / NIF (Concurrent Service) USAR, 1 February 1990 - 3 January 1994 / NIF RA, 4 January 1994 - 7 January 1998 / HD RA, 8 January 1998 - 12 April 2000 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM-2, AAM-3, JMUA, AGCM-2, NDSM, AFEM, NCOPDR, ASR, MFOBM, PSR, HSM, ARCOTR g. Performance Ratings: March 2000 - February 2001 / Among The Best March 2001 - February 2002 / Among The Best March 2002 - July 2002 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Copy of DD Form 2624, dated 20 May 2002, reflects the applicant tested positive for THC 45 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 14 May 2002. FG Article 15, dated 15 July 2002, for wrongfully using marijuana (between 14 April and 14 May 2002). The punishment consisted of a reduction to E-4; forfeiture of $876 pay per month for two months; extra duty for 45 days; restriction for 45 days (suspended); and, reprimand. Mental Status Evaluation, dated October 2002, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: two DA Forms 638; DD Form 214; DD Form 293; self- authored statement; four certificates of achievements; three AAM Certificates; two ARCOM Certificates; three Permanent Orders; Certificate of Appreciation; Certificate of Training. 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 applicant, as a NCO, 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 the event that caused his discharge from the Army was an isolated incident and he did not know he had used an illegal substance. 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. Further, 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 contends that he had good service. 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 23 August 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 AR20170018730 1