1. Applicant's Name: a. Application Date: 3 May 2018 b. Date Received: 22 May 2018 c. Counsel: 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 pertinent part and in effect, the applicant received a General (Under Honorable Conditions) discharge from the United States Military Academy. However, the applicant's entire service is more suitably characterized as "honorable" service. The applicant's achievements as a cadet in all three pillars are held in high regard at the academy: academics, military training, and physical performance. The applicant completed the entire West Point's academic curriculum as a "Dean's List student. The applicant received numerous recognitions for leadership roles in military training. The applicant excelled in West Point's physical training regimen while playing for the academy's collegiate lacrosse team. While the applicant understands the reasons for separation, the characterization of discharge does not reflect the entirety of service. In a records review conducted at Arlington, VA on 5 August 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 210-26, Paragraph 6-15 / 117-0001/27 April 2018 / NA / General (Under Honorable Conditions) b. Date of Discharge: 19 April 2018 c. Separation Facts: (NIF; however, according to the applicant's documentary evidence, specifically, congressional correspondence a cadet hearing substantiated that the applicant wrongfully possessed and distributed oxycodone between 01-07 MAR 2017.) (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 April 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Appointment: 1 July 2013 / USMA Cadet Appointment, plus 8 years after graduation from USMA b. Age at Cadet Appointment / Education / GT Score: 19 / HS Graduate / NA c. Highest Grade Achieved / MOS / Total Service: Cadet / None / 5 years, 8 months, 27 days d. Prior Service / Characterizations: AD/USAR (23 July 2012 to 30 June 2013) / HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: AAM; NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: None 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 3 May 2018; Congressional correspondence with DD Form 293; AAM certificate; Omicron Delta Kappa certificate; Patriot League Men's Lacrosse Academic Honor Roll article; three character reference statements; two memoranda of support; and Memorandum, dated 5 April 2017, Subject: Findings and Recommendations, Misconduct Investigation, [the applicant]. Additional evidence: congressional correspondence with its attachments. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): The following were extracted from AR 210-26 (which is no longer in effect): Army Regulation 210-26 (United States Military Academy), dated 9 December 2009, superseded by AR 150-1 (United States Military Academy - Organization, Administration, and Operation), dated 5 March 2019, provided policy and procedures for the general governance and operation of the United States Military Academy (USMA). Paragraph 5-3 (graduation and conferring of degree), in pertinent part, provides that (1) first class cadets who have successfully completed the requirements of the COI, including the Academic, Military, and Physical Programs; have maintained prescribed standards of conduct; and who have demonstrated proper moral- ethical qualities, leadership, and character may receive a diploma signed by the Superintendent, the Commandant, and the Dean. These cadets will have earned the Bachelor of Science degree and will be designated as graduates of the USMA. (2) A cadet who is discharged or separated from the Academy UP this regulation, or for any other good cause, will not be graduated, awarded a diploma, or commissioned. (3) Notwithstanding any other provision of this regulation, a cadet, found by the Academic Board to have successfully completed all requirements in the Academic, Military, and Physical Programs, may receive a diploma and graduate with the Bachelor of Science degree, without being commissioned, provided the Secretary of the Army determines that it is in the best interest of the Government. (4) When a cadet is separated and is not awarded a diploma, but the Academic Board determines that the cadet has successfully completed all requirements in the Academic Program, the Academic Board may authorize the award of a Certificate of Completion of the Academic Program. The Dean will sign the certificate. (5) The Secretary of the Army has delegated to the Superintendent the authority to defer graduation of any cadet for good cause, to include cases where: A cadet is under investigation for violation of the Honor Code, serious misconduct, or immorality or is the subject of an administrative action that could result in separation, or the award of extended punishment, and a cadet is deficient in the Academic, Military, or Physical Programs. Chapter 6 (Misconduct, Honor, Disciplinary, and Other Grounds for Separation) provides that cadets of USMA are members of RA and are subject to military law and the UCMJ, and that non- judicial punishment under Article 15, UCMJ, may not be imposed upon cadets. Paragraph 6-4 states, in pertinent part, that following a hearing for misconduct or honor resulting in a finding of a violation of paragraph 6-6 through 6-14, or 6-16, the Superintendent may, in lieu of or pending separation, impose punishments of admonition, reprimand, restriction to limits, deprivation of privileges, reduction in or withdrawal of cadet officer or NCO rank, demerits, punishment tours, fatigue tours, loss of leave, turn-back to the next lower class, and suspension from the Military Academy. The Superintendent may, at his/her discretion, under such terms and conditions as deemed appropriate, suspend his/her recommendation for separation, or other punishments awarded by him/her under subparagraph, above. In addition to the punishment provisions contained in paragraphs 6-6 through 6-14, 6-16 and 6-17, the Superintendent may independently punish cadets, as deemed appropriate in accordance with the following procedures: (1) Upon receipt of information that a cadet's conduct may warrant punishment, the Superintendent will notify the cadet concerned, in writing, that disciplinary punishment is being considered in the case. The notice will include a description of the conduct in question; will inform the cadet that he/she may present, in writing, any matters in extenuation, mitigation, or defense and/or have a personal interview with the Superintendent; and will give the cadet a reasonable time (normally 3 calendar days) within which to respond to the notice. (2) The Superintendent, after considering any matters submitted by the cadet, and after meeting with the cadet if the cadet has so requested, may award the following kinds of punishments in such amounts and/or in such combinations as the Superintendent deems appropriate: Admonition, Reprimand; Restriction to limits; Deprivation of privileges; Reduction in or withdrawal of cadet officer or noncommissioned officer rank; Demerits; Punishment tours; Fatigue tours; and loss of leave. However, under these procedures the Superintendent may not direct suspension, turn-back to the next lower class, or separation from the Military Academy. According to Section II (Major Misconduct), paragraph 6-6, for drugs and narcotics, a cadet who violates Article 112a of the UCMJ (Art. 112a, UCMJ) may be separated from the Military Academy and awarded punishments under paragraph 6-4 of this regulation. Paragraph 6-14 (Other major misconduct offenses), provides that a cadet who commits an offense punishable under the UCMJ by confinement for a term of 6 months or more may be separated from the Military Academy and awarded punishments under paragraph 6-4 of this regulation. Paragraph 6-15 (Procedures for processing major misconduct offenses), provides that cadets subject to separation or other adverse action under the provisions of AR 210-26, may, at the discretion of the Superintendent, be tried by court-martial if the conduct constitutes a violation of the UCMJ, be referred to a hearing before an investigating officer under the provisions of this paragraph, or be considered under procedures set forth in paragraph 6-4c of AR 210-26; should the Superintendent elect to proceed under the provisions of this paragraph, cadets concerned will be directed to appear as respondents before an investigating officer appointed by the Superintendent and the investigating officer will conduct an investigation of the matter in accordance with procedures approved by the Superintendent; and upon completion of the investigation, the investigating officer will submit the record of the proceedings, including the findings and recommendations, to the Superintendent for action pursuant to paragraph 7-3 of this regulation. Paragraph 7-3 (Action by the Superintendent), provides that the summarized record of a proceedings before a Misconduct Hearing, Honor Investigation Hearing, or Conduct Investigation is reviewed by the Staff Judge Advocate (SJA); that a copy of the summarized record with the SJA's review is forwarded to the Commandant of Cadets for consideration; thereafter, the record, the recommendations and comments of the Commandant, if any, and the SJA's review is provided to the respondent for consideration and an opportunity for rebuttal; and the Superintendent will review the entire record, including the SJA's review, the Commandant's recommendation, and any matters offered by the respondent prior to taking action on the case. Finally, except in cases where the Superintendent is the separation authority, all documents pertinent to the separation of a cadet from the Academy will be forwarded to Headquarters, Department of the Army, for final action; the Superintendent will make recommendations concerning separation from the Academy and discharge from the Service; and if discharge is recommended, the type of discharge recommended would be specified. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. 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 United States Military Academy. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 210-26, Chapter 6, paragraph 6-15, by reason of Misconduct, with a characterization of service of General (Under Honorable Conditions). The DD Form 214 does not show a Separation Program Designator (SPD) code or a reentry eligibility (RE) code. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant's contentions about his discharge not reflecting his honorable service were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. 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 granted. 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. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents of misconduct, 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. 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 5 August 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 AR20180007668 1