1. Applicant's Name: a. Application Date: 1 May 2016 b. Date Received: 2 January 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, the applicant was notified in September 2016 about a positive UA, which took place in April 2016. The applicant believes the only way one could have a positive UA for THC, would have been from an event/party, where the applicant attended with about four other Soldiers from the brigade and recalls there was snacks and drinks at the party. The applicant asked one of the Soldiers who went to the event, if they knew or if the applicant could find out, if there was anything in the food or snacks at the party. The applicant had no knowledge about the party because the applicant was brought the party by one of the Soldiers from the Brigade. The applicant states, a couple days later, PFC R told the applicant there was THC in the snacks and food at the party to include the drinks. The applicant was told the people in Colorado do this often at their events, which the applicant had no idea this could ever happen. The applicant did not know one could even consume the drug through food. Since then, the applicant has learned one must be very cautious of their surroundings. Shortly after, the applicant was placed on extra duty, which the applicant thought would be the only punishment, but the applicant was discharged for the same offense. The does not understand why one was punished twice for one mistake as the applicant had completed extra duty with no problems and went to scheduled formations on time, as if nothing happened. The applicant accepted the punishment for not asking questions about the food of the party and not being careful. While on extra duty, the applicant thought about what had happened and really understands better why the applicant chose to wear the uniform. If the applicant were given another chance to wear the uniform, the applicant would never let anything like this happen again and would do the best to prevent this from happening to future Soldiers. The applicant has learned a lesson the hard way, which has made the applicant a better man and Soldier. The service to the country has been the best in life and being discharged has affected the family tremendously. Before the applicant knew that anything was going to happen, the applicant had recently married and had a son on the way. The applicant's one mistake, for which the applicant had no knowledge of how it happened, should not have the service as a Solider characterized as general, because the applicant served honorably. An upgrade would to honorable would allow the applicant to serve the country in Law Enforcement. In a records review conducted at Arlington, VA on 4 March 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: 21 October 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 September 2016 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 15 April 2016 and 22 April 2016, he wrongfully used Marijuana a schedule 1 controlled substance. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 September 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 September 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 June 2016 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-2 / 56M10, Chaplain Assistant / 1 year, 3 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 16 May 2016, reflects the applicant tested positive for THC 35 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 22 April 2016. Report of Mental Status Evaluation, dated 30 June 2016, 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. Law Enforcement Report - Final, dated 25 July 2016, reflects that probable cause existed to believe the applicant committed the offenses of Wrongful Use of Marijuana and False Official Statement. On 6 June 2016, the applicant denied he ingested marijuana. On 29 June 2016, the applicant was re-interviewed, admitted his original statement was false, and he consumed a cookie containing THC. FG Article 15, dated 25 August 2016, for wrongfully using marijuana (between 15 and 22 April 2016); and, for making a false official statement that he did not knowingly ingest marijuana to Special Agent H (6 June 2016). The punishment consisted of a reduction to E-1; forfeiture of $391.50 pay per month for two months (suspended); extra duty for 21 days; and, oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; Enlisted Record Brief. 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 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 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. 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. The applicant contends he did not know he ingested marijuana and should not have been punished twice through extra duty and a discharge. However, 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. Further, evidence of the record reflects the applicant admitted he had ingested a cookie, which contained marijuana. The applicant contends that he had good service which included a combat tour. 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 4 March 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 AR20180002613 1