1. Applicant's Name: a. Application Date: 30 January 2018 b. Date Received: 5 February 2018 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 an upgrade of discharge for the purpose of being able to receive help with medical, schooling, and employment. The applicant was discharged for failing a drug test and going AWOL compared to one of the friends who was discharged with an honorable discharge after threatening to kill the sergeant. The applicant had flat feet going into basic training, which now continues to worsen more and more. The applicant wants to further an education and it would be really helpful to get aid to assist with bettering the future (knowledge and health) wise. Several people the applicant was acquainted with either "tried to commit suicide, threatened bodily harm to themselves or others, or just got out of the military and they have honorable discharges; the applicant only went AWOL, failed a drug test, and has a general (under honorable conditions) discharge. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder with anxiety and depressed mood, Alcohol Abuse, Cannabis Abuse, and Episodic Mood Disorder. The applicant's VA records only contain DoD content. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 17 April 2020, 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 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 17 December 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 November 2010 (2) Basis for Separation: The applicant was informed of the following reasons: for use of illegal drugs (Marijuana) and being Absent Without Leave. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 November 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 December 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 September 2009 / 3 years, 27 weeks b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-2 / 91H10, Track Vehicle Repairer / 1 year, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 22 July 2010, for failing to go at the time prescribed to her place of duty on 1 July 2010. The punishment consisted of reduction to E-1, forfeiture of $337.00 pay (suspended), extra duty and restriction for 14 days, and an Oral Reprimand. Record of Supplementary Action Under Article 15, UCMJ, dated 29 July 2010, which vacated the suspension of punishment imposed on 22 July 2010, of forfeiture of $337.00 pay. The vacation is based on the applicant disobeying a lawful order from a noncommissioned officer on 22 July 2010. Electronic copy of the DD Form 2624, dated 19 January 2010, reflects the applicant tested positive for THC 110 during an Inspection Other (IO) urinalysis testing conducted on 6 October 2010. FG Article 15, dated 2 November 2010, for going AWOL 1 August 2010 until her return on 5 October 2010 and wrongfully using marijuana between 7 September 2010 and 6 October 2010. The punishment consisted of extra duty and restriction for 45 days. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: AWOL 65 days (1 August 2010 to 4 October 2010) / mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 her 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 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. 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 her 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 she should have been retained on Active duty. The applicant seeks relief contending, that she was discharged for failing a drug test and going AWOL compared to one of her friends who was discharged with an honorable discharge after threatening to kill his sergeant. She contends that she had flat feet going into basic training, which now continues to worsen more and more. She wants to further her education and it would be really helpful to get aid to assist with bettering her future (knowledge and health) wise. Several people she was acquainted with either "tried to commit suicide, threatened bodily harm to themselves or others, or just got out of the military and they have honorable discharges; she only went AWOL, failed a drug test, and she has a general (under honorable conditions) discharge. The applicant's contentions were noted; however, the service record indicates the applicant committed discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incidents of misconduct adversely affected the quality of her service, brought discredit on the Army, and were prejudicial to good order and discipline. Also, it should be noted; the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant expressed her desire for an upgrade of her discharge for the purpose of being able to receive help with medical, schooling, and employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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 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 her overall service 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 April 2020, 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 AR20180002015 1