1. Applicant's Name: a. Application Date: 29 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, that the characterization of service was based off the second chapter. The applicant contends that the first chapter was for a failed PT Test x2. Now the applicant does not know if what they did was legal but believes the applicant did not deserve a general (under honorable conditions) discharge. Everything is loss. The applicant deserved more. The applicant paid for the Montgomery GI Bill ($1200). The applicant has done a lot for the country sustaining fellow friends and country. Justification for the second chapter, there was an alcohol and substance abuse program taken before leaving the Army and has been working ever since the applicant has gotten out of the service. 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, Other Insomnia, Other Stimulant Use, Unspecified Stimulant Induced Disorder, Unspecified Disorder or Adult Personality and Behavior. The applicant is 30% service-connected from the VA. 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: 2 March 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 January 2017 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using cocaine between 31 October 2016 and 3 November 2016 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 January 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 February 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 March 2015 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 / GED / 104 c. Highest Grade Achieved / MOS / Total Service: E-2 / 88M10, Motor Transport Operator / 2 years, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 21 November 2016, for failing to go at the time prescribed to his appointed place of duty 4 January 2016, 8 August 2016, and x2 (20 October 2016). The punishment consisted of reduction to E-1, forfeiture of $365.00 pay, and extra duty and restriction for 14 days. FG Article 15, dated 5 January 2017, for wrongfully using cocaine between 31 October 2016 and 3 November 2016. The punishment consisted of forfeiture of $783.00 pay per month for two months; extra duty and restriction for 45 days, and oral reprimand. Electronic copy of the DD Form 2624, dated 21 November 2016, reflects the applicant tested positive for COC 5691 during an Inspection Random (IR) urinalysis testing conducted on 3 November 2016. CID Report, dated 13 December 2016, reference the purchase of Cocaine. Report of Mental Status Evaluation, dated 6 December 2016, which indicates the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was enrolled in ASAP. The applicant was psychiatrically cleared for Chapter 14. Negative counseling statements reference positive drug test and pending separation actions i. Lost Time / Mode of Return: None 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 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 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 his service below that meriting a 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 his characterization of service was based off the second chapter. The applicant contends that the first chapter was for a failed PT Test x2. Now he does not know if what they did was legal but he believes he did not deserve a general (under honorable conditions) discharge. Everything is loss too him. He knows he deserved more. He paid for the Montgomery GI Bill ($1200). He has done a lot for the country sustaining his fellow friends and country. Justification for the second chapter, there was an alcohol and substance abuse program taken before leaving the Army and he has been working since he has gotten out of the service The applicant's contentions were noted; however, the service record indicates the applicant committed a discrediting offense, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 his 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 AR20180003945 1