1. Applicant's Name: a. Application Date: 25 June 2018 b. Date Received: 29 June 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, he used cocaine before deployment to Afghanistan after his team leader talked him into it. He feels as though this falls under the sexual assault / harassment rule when applying for an upgrade. He did not use any sort of drugs before the military. His harassment to do drugs led to a general discharge 100 percent. 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 diagnoses of ADHD. While the applicant was initially service connected for Adjustment Disorder, the applicant is currently service connected for PTSD; however, the exam and basis are not available. VA records do allude to combat traumas; it is more likely than not combat is the basis for the PTSD diagnosis. The applicant is 100% service connected for PTSD; Compensation and Pension (C&P) exam unavailable. While liberal consideration was applied, the applicant's drug use prior to deployment is not mitigated by combat related PTSD. In a records review conducted at Arlington, VA on 3 February 2021, and by a 3-2 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: 31 May 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 23 February 2012 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully used cocaine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 April 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 May 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 October 2010 / 3 years, 21 weeks / block 12a on the applicant's DD Form 214 date entered active duty this period is incorrect, should read as annotated in the Case Report and Directive. b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B1P, Infantryman / 1 year, 11 months, 9 days d. Prior Service / Characterizations: USAR, 2 June 2010 to 11 October 2010 / NA e. Overseas Service / Combat Service: Alaska / SWA / Afghanistan, 1 December 2011 to 29 February 2012 f. Awards and Decorations: ACM-CS, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IR (Inspection Random), dated 17 November 2011, for cocaine. FG Article 15, dated 3 January 2012, for wrongful use of cocaine between (15 November 2011 and 17 November 2011); reduction to PVT / E-1, forfeiture of $733 pay for two months, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 3 January 2012, relates the applicant had an Axis I diagnosis of ADHD by history. He did not meet criteria for cocaine abuse as recurrent use could not be established. He was cleared for administrative chapter. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages) 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. 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 and the issues 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. 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 his 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 he should have been retained on Active Duty. The applicant seeks relief contending, he used cocaine before deployment to Afghanistan after his team leader talked him into it; he feels as though this falls under the sexual assault / harassment rule when applying for an upgrade; and his harassment to do drugs led to a general discharge 100 percent. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his team leader coerced him to use illegal drugs. By allegedly being coerced to use illegal drugs does not meet the criteria of the Office of the Under Secretary of Defense for Personnel and Readiness clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military / Naval Records, when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Although the applicant alleges that he was a victim of sexual assault / harassment during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support his request for an upgrade of his discharge. The further contends, he did not use any sort of drugs before the military. The applicant is to be commended; however, 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 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 3 February 2021, and by a 3-2 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 / 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 AR20180009354 1