1. Applicant's Name: a. Application Date: 1 June 2018 b. Date Received: 5 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 better oneself and work as a correctional officer or emergency dispatcher in the county. The applicant contends that for the past two years the applicant has done nothing wrong on the civilian side. 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 Cannabis Abuse. The applicant is 50% service-connected for PTSD from the VA. The VA has also diagnosed the applicant with Unspecified Anxiety and Depressive Disorder. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 December 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 29 July 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 June 2016 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully using marijuana between 9 December 2015 and 8 January 2016; Violating AR 600-20, paragraph 4-15, dated 6 November 2014, by wrongfully engaging in an inappropriate relationship with an initial entry training trainee, a relationship that was not required by the training mission between 1 May 2015 and 30 June 2015; and With intent to deceived, made to 1LT G.M.M., three official statements, to wit: he never texted PFC T., for any reason or words to that effect, that he did not go to the motel 6 or American, or word to that effect, and he did not know PFC T and he did not give her a not with his phone number on it or words to that effect", which statements were totally false, and was then known by him to be false on 2 November 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 June 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 June 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 March 2012 / 5 years b. Age at Enlistment / Education / GT Score: 20 / 13 years / 104 c. Highest Grade Achieved / MOS / Total Service: E-5 / 35F18 Intelligence Analyst / 6 years, 5 months, 8 days d. Prior Service / Characterizations: RA, 22 February 2010 to 29 February 2012 / HD e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (23 December 2010 to 3 March 2011) f. Awards and Decorations: AGCM, NDSM, GWOTSM, NOPDR, ACM-2CS, ASR, OSR, NATOMDL g. Performance Ratings: 1 August 2013 to 6 October 2014, Among the Best 7 October 2014 to 2 November 2015, Among the Best h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 29 January 2016, reflects the applicant tested positive for THC during an Inspection Unit (IU) urinalysis testing conducted on 8 January 2016. FG Article 15, dated 3 February 2016, for violating a lawful general regulation by wrongfully engaging in a relationship with an initial entry training trainee, not required by the training mission between 1 May 2015 and 30 June 2015; with intention to deceived made to 1LT G.M.B., several false official statements, which he knew to be false on 2 November 2015, and wrongfully used marijuana between 9 December 2015 and 8 January 2016. The punishment consisted of reduction to E-4, forfeiture of $1000.00 pay per month for two months, extra duty and restriction for 30 days, and an oral reprimand. Report of Mental Status Evaluation, dated 4 April 2016, which indicates the applicant was seen and evaluated for a mental status evaluation for clearance/separation. The evaluation included a full battery of clinical measures using the Behavioral Health Data Portal, a review of behavioral health records, and a clinical interview. The results of the evaluation were that the applicant was cleared from a BH perspective for any administrative actions deemed appropriated by his command to include chapter/separation, 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 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 a 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 would like an upgrade of his discharge for the purpose of being able to better himself and work as a correctional officer or emergency dispatcher in his county. He contends that for the past two years he has done nothing wrong on the civilian side. The applicant's post-service accomplishments have been noted. However, in reference to his issue that he would like an upgrade of his discharge for the purpose of being able to better himself and work as a correctional officer or emergency dispatcher in his county. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 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 December 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 AR20180009518 1