1. Applicant's Name: a. Application Date: 12 May 2018 b. Date Received: 7 June 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 for the purpose of being able to further an education and help others. The applicant was in a bad part of life, with family members passing and divorce. The applicant was immature, young, and made wrong choices. The applicant is now trying to go to college to pursue a paramedic degree and would like to receive some benefits for the abuse physically, emotionally, and mentally. The applicant does not feel it is justified for a lifelong punishment for a bad choice that was made after serving well stateside as well as deployed. The applicant has begun to help people again with an organization called B.A.C.A. (Bikers Against Child Abuse); they ride to help abused kids. This has made the applicant want to further help people in the medical field and make a career being able to take care of a family. 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 Adjustment Disorder with anxiety and depression/with depressed mood/with disturbance of emotions/conduct, Alcohol Disorder, and referral to Anger Management. The applicant does not currently have a service- connected rating from the VA. VA records only contain DoD content regarding the applicant. In summary, the applicant did not have 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 31 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: 13 December 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 November 2011 (2) Basis for Separation: The applicant was informed of the following reasons: admitting to wrongful use of marijuana on 25 February 2011 and providing another service member (PV1 J.R., with a fake bladder to pass a urinalysis) (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 November 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 November 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 February 2008 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 3 years, 8 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (20 February 2009 to 22 February 2010) f. Awards and Decorations: NDSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CID Report, dated 13 April 2011, which shows the applicant was the subject of investigation for failure to obey a general order and wrongful use of marijuana. FG Article 15, dated 10 August 2011 for admitting to the wrongful use of marijuana between 26 January 2011 and 25 February 2011 and wrongfully providing another service member (PV1 J.R., with a fake bladder to pass urinalysis on 25 February 2011. The punishment consisted of reduction to E-1, extra duty for 45 days, and oral reprimand. Mental Status Evaluation, dated 26 April 2011, which shows the applicant was evaluated in the Behavioral Health Clinic at Madigan Army Medical Center. The applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in any administrative proceedings. The applicant was evaluated for symptoms of Post-Traumatic Stress Disorder and Traumatic Brain Injury. The applicant did not exhibit PTSD or TBI or any other mental health disorder that would require a medical evaluation board. The applicant was cleared from a behavioral health perspective for any administrative action deemed appropriated by his command. Negative counseling statements for acts of misconduct and duty performance. i. Lost Time / Mode of Return: AWOL 37 days (7 November 2011 to 13 December 2011); the applicant was apprehended. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has begun to help people again with an organization called B.A.C.A. (Bikers Against Child Abuse), they ride to help abused kids. 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 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 seeks relief contending that he was in a bad part of his life, with family members passing and divorce. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant further contends he was immature and young, he made wrong choices. He is now trying to go to college to pursue a paramedic degree and would like to receive some benefits for the abuse physically, emotionally, and mentally. He does not feel it is justified for a lifelong punishment for a bad choice that was made after serving well stateside as well as deployed. He contends he has begun to help people again with an organization called B.A.C.A. (Bikers Against Child Abuse), they ride to help abused kids. This has made him want to further help people in the medical field and make a career being able to take care of his family. The applicant's contentions were noted; the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Also, the applicant's post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on his accomplishments. The applicant contends he does not feel his characterization of service justifies for a lifelong punishment for a bad choice that was made after serving well stateside as well as deployed. However, the applicant incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The Mental Status Evaluation, dated 26 April 2011, shows the applicant was evaluated in the Behavioral Health Clinic at Madigan Army Medical Center. The applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in any administrative proceedings. The applicant was evaluated for symptoms of Post-Traumatic Stress Disorder and Traumatic Brain Injury. The applicant did not exhibit PTSD or TBI or any other mental health disorder that would require a medical evaluation board. The applicant was cleared from a behavioral health perspective for any administrative action deemed appropriated by his command. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to further his education and help others. 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 31 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 AR20180009423 1