1. Applicant's Name: a. Application Date: 8 April 2018 b. Date Received: 12 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, an upgrade will allow educational benefits. In a records review conducted at Arlington, VA on 22 May 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 7 September 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 August 2017 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 16 December 2016 and 16 January 2017, he wrongfully used marijuana a schedule I substance; On or about 16 January 2017, he wrongfully possessed Marijuana during a Random Access Measures Program check; and, On or about 16 January 2016, he failed to register his weapon in the Central Operations Police Suite weapons registration module, and wrongfully carried ammunition onto an Army installation without authorization from the senior commander (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 August 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 August 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 January 2015 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11C10, Indirect Fire Infantry / 2 years, 7 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AAM-2, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Georgia, Uniform Traffic Citation, Summons and Accusation, dated 13 January 2017, reflects the applicant was charged with: Speeding in Excess of Maximum Limits. Georgia, Uniform Traffic Citation, Summons and Accusation, dated 14 January 2017, reflects the applicant was charged with: Speeding in Excess of Maximum Limits. FG Article 15, dated 17 May 2017, for, on or about 16 January 2017, failed to obey a lawful general regulation, by wrongfully failing to register his weapon in the Central Operations Police Suite weapons registration module; on or about 16 January 2016, fail to obey a lawful general regulation, by wrongfully carrying ammunition onto all Army installation without authorization from the senior commander; and, between on or about 16 December 2015, and on or about 16 January 2016, he wrongfully used marijuana, a schedule I controlled substance. The punishment consisted of a reduction to E-1; forfeiture of half a month pay; extra duty and restriction for 45 days; and, oral reprimand. Electronic Copy of DD Form 2624, dated 28 February 2017, reflects the applicant tested positive for THC 265 (marijuana), during a Probable Cause (PO) urinalysis testing, conducted on 16 January 2017. Law Enforcement Report - Final, dated 22 May 2017, reflects the Military Police Investigations, Department of Emergency Services, Fort Stewart GA, reported the applicant was found in possession of Marijuana as he attempted to gain access to the installation. On 16 January 2017, the applicant was found to be in possession of Marijuana during a Random Access Measures Program check. The applicant denied any knowledge of the marijuana found within his vehicle. On 16 January 2017, the applicant tested positive for marijuana, during a probable cause urinalysis. Report of Mental Status Evaluation, dated 12 June 2017, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 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 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 that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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 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 22 May 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 AR20180007053 1