1. Applicant's Name: a. Application Date: 21 November 2017 b. Date Received: 2 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to reenlist into the military and get some stability in his life. The applicant contends a year ago he sent in a DD Form 293 and requested to have his discharge changed to honorable. Unfortunately the board was unable to grant his request. For this reason he is now requesting to stand before the Board and plead his case to have his discharge removed because he knows that it is much more professional when the applicant is there in person to discuss the circumstances of his/her actions. As he stated on his previous application, while he was stationed in Hawaii, at Schofield Barracks, he came in contact with a battle buddy who he did not know was involved in illegal activity with explicit drugs. Until he came into the Army he never had a problem with drugs and now had a drug addict sitting in the passenger seat of his car. He was transporting his battle buddy to the airport on a Saturday and he mentioned to him that he had some sort of drug on him. Come to find out it was crack/cocaine and he tempted him to give it a try. The applicant obliged and gave it a go; it was weird at first and he did not like it one bit but ended up taking another hit. He continued to drop him off at the airport and continued on with his day to day activities. Monday morning came and he found out that they were being issued a random drug screen. He was very nervous as he remembered what he had done the previous Saturday. He found out two weeks later that he failed the UA and ended up getting an Article 15, 45 days extra duty and a general (under honorable conditions) discharge. He called his family and let them know what had happened. His parents didn't want anything to do with him, his dad stated that if he came home he wouldn't allow him in his home ever again. This placed a huge burden on him and his career. He definitely was in the wrong place at the wrong time. He believes his actions were completely childish and he should have known better. Since his discharged from the Army he has stayed away from drugs and as stated in his previous application he had supporting documents of negative drug test results from previous employers. He has also been married for the last 6 years and has brought two wonderful little girls into this world. He would do anything to get back into the military. He is hoping that standing before the Army Review Board will give them a chance to see the real him and see that he has changed in the last 8 years and that they will never have to worry about him getting involved with something like this again. He has never had an issue getting a job since his discharged and has a father in law who is a retired lieutenant colonel who served 23 and a half years in the Army himself. Evidence of record shows the applicant received a records review on 23 June 2017. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with behavioral health conditions of Adjustment Disorder, Alcohol Abuse, Cocaine and Opioid Abuse and Nicotine Dependence. However, due to the nature of the behavioral health conditions, they do not mitigate the offense of drug abuse. In a personal appearance hearing conducted in Sacramento, CA on 19 September 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 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: 21 December 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 November 2009 / 3 years, 30 weeks b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / 91B10, Wheeled Vehicle Mechanic / 1 year, 1 month, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant seeks relief contending while he was stationed in Hawaii, at Schofield Barracks, he came in contact with a battle buddy who he did not know was involved in illegal activity with explicit drugs. Until he came into the Army he never had a problem with drugs and now had a drug addict sitting in the passenger seat of his car. He was transporting his battle buddy to the airport on a Saturday and he mentioned to him that he had some sort of drug on him. Come to find out it was crack/cocaine and he tempted him to give it a try. The applicant obliged and gave it a go; it was weird at first and he did not like it one bit but ended up taking another hit. He continued to drop him off at the airport and continued on with his day to day activities. Monday morning came and he found out that they were being issued a random drug screen. He was very nervous as he remembered what he had done the previous Saturday. He found out two weeks later that he failed the UA and ended up getting an Article 15, 45 days extra duty and a general (under honorable conditions) discharge. This placed a huge burden on him and his career. He definitely was in the wrong place at the wrong time. He believes his actions were completely childish and he should have known better. The applicant's contentions were noted; however, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. Further, 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 contends that since his discharged from the Army he has stayed away from drugs and as stated in his previous application he had supporting documents of negative drug test results from previous employers. He has also been married for the last 6 years and has brought two wonderful little girls into this world. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case- by-case basis to determine if post-service accomplishments help demonstrate previous in- service misconduct was an aberration and not indicative of the member's overall character. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist into the military and get some stability in his life. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. Based on the available record 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): None. b. The applicant presented the following additional contention(s): Change re-entry code to 1 or 2. c. Witness(es) / Observer(s): Gary Howland - Father 10. BOARD DETERMINATION: In a personal appearance hearing conducted in Sacramento, CA on 19 September 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20180001483 4