1. Applicant's Name: a. Application Date: 22 March 2018 b. Date Received: 27 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade under other than honorable conditions discharge to general (under honorable conditions) and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, discharge was improper, inequitable, and too harsh for a FG Article 15. The Article 15 was for a single offense, a command directed urinalysis which tested positive for marijuana, and subsequently missing IDTs. The applicant had verbally addressed reasonable commuting distance and requested to transfer to the IRR. Presumption of regularity should not be used, because the applicant's superiors dismissed the applicant's claims and did not properly document the applicant's requests. Applicant also conveyed to unit administrator, issues with civilian life of hardships, unemployment, and vehicle problems. The applicant contends applicant failed to obtain counsel due to insufficient funds and hardships. The applicant's mother passed from overdosing on prescription drugs in May 2011. The applicant's father, a Vietnam veteran, passed from an unfortunate accident in 2015. Applicant also had marital issues while in OSUT due to infidelity. Applicant proudly served with no prior infractions. There is no excuse for applicant's drug use, but it was a naïve incident. The applicant should have been more open with command, but did not want to appear being weak. Since discharge, applicant has been a productive member and participates in community programs. Applicant assists with coaching high school wrestling team. The applicant is a registered official for WVSSAC Wrestling for youth, schools, and open tournaments. Applicant is no longer the same person from discharge. Applicant is pursuing reentry on Active Duty. Applciant is free of drugs and stands ready to serve. The applicant adds it was a rough year for family at the time of discharge. Applicant has been employed since March 2018 and obtained his EMT (Emergency Medical Technician) card and works as an EMT. In a records review conducted at Arlington, VA on 8 July 2020, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 12 December 2012 c. Separation Facts: The applicant's OMPF is void of the facts and circumstances surrounding his discharge. However, the following limited information were obtained from the applicant's submitted evidence: (1) Date of Notification of Intent to Separate: 4 February 2012 (2) Basis for Separation: The applicant was informed of the following reason: A urinalysis test of a specimen collected from the applicant on 6 January 2012, indicated that the applicant ingested an illegal drug, to include: THC. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Waived, 6 March 2012 (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 February 2010 / 8-year MSO USAR b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 2 years, 10 months, 9 days d. Prior Service / Characterizations: USAR (4 February 2010 to 15 April 2010) / NA IADT (16 April 2010 to 2 September 2010) / HD USAR (3 September 2010 - Continuous Service) e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 22 March 2018, with self-authored statement; and excerpts of 32 CFR §§100.6, 100.5, and AR 135-178, paragraph 12-8. Additional evidence: Applicant-authored statement; Safety and Health Institute letter, dated 17 April 2019; Registry of EMT letter, dated 24 December 2019; and separation file consisting of: notification of positive urinalysis results, dated 19 January 2012; notification of separation, dated 4 February 2012; applicant's election of rights response (page 1), dated 6 March 2012; counseling statement, dated 4 February 2012 (page 1); Drug Testing Results; and background check. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that since his discharge, he has been a productive member and participates in community programs; he assists with coaching his high school's wrestling team; and he is a registered official for WVSSAC Wrestling for youth, schools, and open tournaments. The applicant's additional evidence shows his pursuance of an emergency medical service (EMS) career; he became employed as driver/lifter for an EMT company; began his EMT course; and he has since obtained an EMT card and is employed as an EMT. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 11 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, and convictions by civil authorities. 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. 8. DISCUSSION OF FACT(S): The applicant requests to upgrade his under other than honorable conditions discharge to general (under honorable conditions) and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's submitted evidence confirms that his 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, 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. The applicant's contentions about his discharge being improper, inequitable, and too harsh for the FG Article 15 he received for a single offense, and subsequently missing drills, although he verbally addressed for reasonable commuting distance and requested to transfer to the IRR due to hardships, unemployment, and transportation issues to his unit administrator, and his superiors dismissed his claims and did not properly documenting his requests, were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service and the merit of his issues. 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 sufficient evidence, to support a change to the characterization of service and the reason for his discharge. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further sufficient evidence in support of this request for an upgrade of the discharge. Based on the available record and in consideration of the applicant's service accomplishments and quality of his service, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization 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 requests a change to the characterization of his service in order to rejoin the Army. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a "nonwaivable" disqualification, thus the applicant is no longer eligible for reenlistment. The applicant requests to change the narrative reason for his discharge. However, for a discharge from the Reserve component, separation orders document the discharge; therefore, there is no DD Form 214, unless the applicant is discharged from an active duty assignment. Army Regulation 135-178, paragraph 2-13, stipulates that the Order formats prescribed by AR 600-8-105 will be used for separation under AR 135-178. Thus in the applicant's case, with discharge orders, there is no provision for a narrative reason for his discharge, except the discharge authority is AR 135-178. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 8 July 2020, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20180005401 1