1. Applicant's Name: a. Application Date: 30 March 2018 b. Date Received: 2 April 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, joined the Army five months after turning 17. The applicant served the country honorably, reenlisted and deployed to Iraq and has been a model citizen since discharge. The current discharge characterization does not affect any of the VA benefits, but requests an upgrade because the applicant believes everyone deserves a second chance. The applicant made a mistake and failed a urinalysis, but owned the mistake then and continues to do so. The applicant accepted the punishment and discharge from the Army and when the applicant talks about the military service with the children and shows them the medals and awards the applicant earned, the applicant wants the discharge to reflect the applicant served honorably, which the applicant believes one has. In a records review conducted at Arlington, VA on 19 February 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 / AR 635-200 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 24 June 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 May 2005 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully possessed and used Methylene-dioxy-Methamphetamine (ecstasy). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 26 May 2005, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 June 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 August 2002 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25U10, Signal Support System Specialist / 5 years, 11 months, 10 days d. Prior Service / Characterizations: RA, 15 July 1999 - 28 August 2002 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (26 April 2003 - 30 July 2004) f. Awards and Decorations: AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 5 January 2005, reflects the applicant was apprehended for Distribution of Hallucinogens (Off Post); wrongful possession of hallucinogens (Off Post); and, wrongful use of hallucinogens (Off Post). Electronic Copy of DD Form 2624, dated 2 February 2005, reflects the applicant tested positive for MDMA > LOL (methylene-dioxy-methanphetamine)), during a Command Directed (CO) urinalysis testing, conducted on 1 January 2005. FG Article 15, dated 4 April 2005, for wrongfully possess methylene-dioxymeth-anphetamine (ecxtasy) pills, a schedule I controlled substance (5 January 2005); and, wrongfully use methylene-dioxy-methanphetamine (ecxtasy) pills, a schedule I controlled substance (5 January 2005). The punishment consisted of a reduction to E-1; forfeiture of $617 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated May 2005, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant was mentally responsible and met the retention requirements. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has been a model citizen since his discharge. 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 his discharge should be upgraded because when he talks to others about his service, he wants to tell them he served honorably. However, the issue the applicant submitted 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 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization 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 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 19 February 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 AR20180006742 1