1. Applicant's Name: a. Application Date: 2 April 2018 b. Date Received: 2 April 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, the applicant left the mom alone with the brother causing the applicant to become extremely home sick. The applicant does not use drugs and please do not see the applicant that way. In a records review conducted at Arlington, VA on 14 June 2019, 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: 5 June 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 16 April 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; she possessed synthetic cannabinoids, a Schedule I Controlled Substance (23 December 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 April 2013, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 April 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 January 2011 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 2 years, 4 months, 11 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: CID Report of Investigation, dated 3 January 2013, relates the applicant was under investigation for wrongful possession and use synthetic cannabinoids. FG Article dated, 31 January 2013, for wrongful possession of synthetic cannabinoids, a Schedule I Controlled Substance (23 December 2012); reduction to PVT / E-1, forfeiture of $758 pay for two months; $376 pay for 2 months (suspended) and extra duty for 45 days. Report of Mental Status Evaluation, dated 6 March 2013, relates the applicant was screened for PTSD and TBI. These conditions were either not present or, if present, do not meet AR 40-501 criteria for a medical evaluation board. She admitted to the use of synthetic cannabis in December 2012. She has not been assessed by the Army Substance Abuse Program. She met medical retention standards per AR 40-501, and was cleared for administrative separation. Applicant received several negative counseling statements revocation of pass privileges and being recommended for separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); request to renew restraining order; notice of hearing to renew restraining order (two pages); two restraining orders after hearing (order of protection, 12 pages); grant deed (two pages); applicant's resume (two pages); DeVry University transcripts (two pages); supplementary undergraduate transcript information; DeVry University, Undergraduate Certificate; Employee of the month, certificate; bank transaction history; and a My healthevet document, VA Chemistry / Hematology (five pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in her application that she is studying Health Information Management to become employed and with experience, work at home to take care of her mom when she becomes older. 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 documents submitted with her 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. 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 her 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 she should have been retained on Active Duty. The applicant seeks relief contending, she left her mom alone with her brother causing her to become extremely home sick. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. Further, 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 further contends, she does not use drugs and please do not see her that way. The Report of Mental Status Evaluation relates the applicant admitted to the use of synthetic cannabis in December 2012. 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 14 June 2019, 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 AR20180006476 1