1. Applicant's Name: a. Application Date: 16 May 2018 b. Date Received: 21 May 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, would like an upgrade of discharge as shown on the document the applicant submitted from the Department of Veterans Affairs dated 13 October 2017 and 2 May 2018. 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 due to the period of service, the applicant's active duty records are unavailable for review. The applicant is 30% service- connected for Bipolar Disorder from the VA. The VA has also diagnosed the applicant with Depression, Alcohol Dependence, Cannabis Dependence, and Substance Induced Mood Disorder. In summary, the applicant has 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 13 November 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the combat service and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBHI). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 February 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 January 2005 (2) Basis for Separation: The applicant was informed of the following reason: wrongfully using marijuana. Specifically, testing positive for THC during a urinalysis test on 15 December 2004. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Undated memorandum shows the applicant waived his right to legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 February 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 April 2003 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63H10, Track Vehicle Repairer / 1 year, 10 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait and Iraq (28 November 2003 to 1 April 2004) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 13 December 2004, for failing to go at the time prescribed to his appointed place of duty on 18 November 2004, being disrespectful in language towards a noncommissioned officer, and disobeying a lawful order. The punishment consisted of reduction to E-2 (suspended), forfeiture of $312 (suspended) and extra duty and restriction for 14 days. Record of Supplementary Action Under Article 15, UCMJ, dated 18 January 2005, vacated the suspension of punishment of reduction to the grade of E-2, and forfeiture of $312 imposed on 13 December 2004. The vacation was based on the applicant testing positive on illegal drugs, disobeying a lawful order of a commissioned officer and FTR for extra duty on 14 January 2005. FG Article 15, dated 8 February 2005, for failing to go at the time prescribed to his appointed place of duty on 14 January 2005 and 17 January 2005, and wrongfully using marijuana between 14 November 2004 and 15 December 2004. The punishment consisted of reduction to E-1, forfeiture of $617 pay per month for two months, and extra duty and restriction for 45 days. Report of Mental Status Evaluation, which shows the applicant met the retention standards prescribed in Chapter 3, AR 40-501 and there was no psychiatric disease or defects that warrant disposition through medical channels. The applicant was mentally responsible, able to distinguish right from wrong and adhere to the right and had the mental capacity to understand and participate in board proceedings. The applicant was cleared for any administrative action deemed appropriated by his command. Several negative counseling statements for various action of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293; letters from the Department of Veterans Affairs showing a summary of his benefits; and his DD Form 214 for the period of service under review. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 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. 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 an 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 he should have been retained on Active duty. The applicant expressed his desire for his DD Form 214 to reflect the same as the documents he submitted from the Department of Veterans Affairs. However; although one of the documents submitted by the applicant appear to show the applicant has an honorable discharge, this information is incorrect as noted by the evidence in his military record showing he was discharged with a characterization of service of general (under honorable conditions) as noted on his DD Form 214 received on the date of his discharge. 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 13 November 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the combat service and the circumstances surrounding the discharge (i.e. in-service and post- service diagnosis of OBHI). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180007627 1