1. Applicant's Name: a. Application Date: 25 January 2018 b. Date Received: 2 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he was a good Soldier. He completed his enlistment and some. He changed his ways dramatically as he transitioned to becoming a productive member of society. He received mental health treatment while on active duty and seeking counseling at the local VA. He would like to reenlist in the Army. In a records review conducted at Arlington, VA on 13 January 2021, 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 14 October 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 19 August 2016 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 August 2016, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 August 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 May 2013 / 3 years, 16 weeks / the applicant requested an antedated extension of 30 days to facilitate transition as an exception to policy. Effective date of the approval was 19 September 2016 with a new ETS date of 19 October 2016. b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 4 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM-BSS, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summary Court-Martial, dated 29 July 2016; on 19 May 2016, the applicant offered to plead guilty to the following charges and specifications; wrongfully use marijuana x2 between (13 September 2015 and 13 October 2015) and (14 November 2015 and 14 December 2015); wrongfully use 3,4-methylenedioxy amphetamine, a schedule I controlled substance x3 (29 September 2015 and 29 October 2015) and (7 November 2015 and 7 December 2015) and (14 November 2015 and 14 December 2015); wrongfully use cocaine between (7 November 2015 and 7 December 2015); wrongfully use D-Amphetamine, a schedule I controlled substance x2 (7 November 2015 and 7 December 2015) and (7 November 2015 and 7 December 2015); without authority, fail to go at the time prescribed to his appointed place of duty x 3 (2 September 2015, 18 September 2015 and 8 October 2015); and without authority, absented himself from his unit (9 February 2016 to 10 February 2016). The charges were extracted from the charge sheet; the Summary Court-Martial is not contained in the available record. Positive urinalysis test coded IU (Inspection Unit), dated 3 September 2015, for THC. Law Enforcement Report, dated 24 October 2015, relates the applicant was under investigation for wrongful use of marijuana. The applicant received a negative counseling statement for a positive urinalysis test. i. Lost Time / Mode of Return: Confinement Civil Authorities for 24 days, 29 July 2016 to 23 August 2016. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and an 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. 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. 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 general (under honorable conditions) to honorable. The applicant's record of service, the issues and document submitted with his application were carefully reviewed. The record confirms 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, by violating the Army's policy not to possess or use illegal drugs, 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 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 on Active Duty. The applicant seeks relief contending, he was a good Soldier. 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 further contends, he completed his enlistment and some. The applicant requested an antedated extension of 30 days to facilitate transition as an exception to policy. Effective date of the approval was 19 September 2016 with a new ETS date of 19 October 2016. The applicant also contends, he changed his ways dramatically as he transitioned to becoming a productive member of society. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant additionally contends, he received mental health treatment while on active duty and seeking counseling at the local VA. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was seeking counseling at the local VA at time he submitted his application for review by the Army Discharge Review Board. The applicant would like to reenlist in the Army. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and 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 13 January 2021, 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 / 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 AR20180003665 1