1. Applicant's Name: a. Application Date: 20 June 2018 b. Date Received: 25 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, during the summer of 2009, his Army Reserve unit had their annual weapons qualification drill in Hastings. There they met with the Lincoln, Hastings, and Kearney branches and underwent a companywide urinalysis (UA), which he passed. The applicant states, he has a friend that played football for Hastings College and the applicant went out to a college party that Saturday night with him. Another Soldier, who the applicant did not know, was at that party as well, who told someone in the applicant's chain of command that he thought he saw the applicant smoking marijuana. On Sunday, they rode back to the Lincoln branch in a bus where the applicant was immediately singled out and told he had to do another UA because someone spotted him at a college party smoking marijuana. The applicant subsequently failed the UA. The applicant states, he had just signed a six-year extension around the time when this all took place with full intentions of putting in 20 years. The unit commander called the applicant to his office, who already had the applicant's discharge paperwork ready. The applicant did not have a chance to do any sort of rehabilitation and the applicant does not believe he had a problem, but rather made a mistake during a college party. The applicant had spoken with his father, who is a retired Lieutenant Colonel, about whether or not the applicant wanted to fight it, but out of fear and shame, the applicant told his father he did not want to fight. Since his discharge, he was a proud preschool teacher for almost two years while continuing his education. After completing his education, he became a personal trainer for almost four years. The applicant is glad to help people in any way he can and was introduced into the insurance industry six years before, where he works in the senior market. The applicant shares stories with them and is proud to share being called a veteran. The applicant states, he met the love of his life almost five years ago and they have a beautiful four-year-old daughter. They bought a house and were married in 2018. The applicant spoke with a man at the gym one day who used to help veterans such as the applicant. The man previously knew his story and kept encouraging the applicant to apply for VA benefits. The applicant was too scared because he had been so ashamed, and it gave him severe anxiety to even think about it. The applicant states, he gained the courage to meet with a VA representative and after reviewing the applicant's situation he helped the applicant attain his veteran benefits. The representative also believed the applicant should apply to have his general discharge upgraded to honorable. The representative told the applicant that since the applicant was singled out in Lincoln, he stood a chance. The applicant filled out the paperwork, but never sent it in, as he was too nervous due to the fear of rejection. The applicant's wife recently gave the applicant the courage to apply. After seeing so many stories of similar situations being changed to an honorable discharge, the applicant decided he just had to take the time. The applicant states, he only has one DUI on his record. In a records review conducted at Arlington, VA on 27 January 2021, and by a 3-2 vote, the Board determined the character is inequitable based on the applicant's length and quality of service, to include combat service, prior period of honorable service, and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Use of Illegal Drugs / AR 135-178 / Chapter 12-1(d) / NIF / NIF / General (Under Honorable Conditions) b. Date of Discharge: 21 July 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 September 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 12 April 2008, he submitted a urine sample that was screened to determine possible use of illegal drugs. The results of that test indicated that he had abused illegal drugs, namely THC. The applicant's use of this illegal drug constituted an act of serious misconduct, which merited his separation IAW AR 135-178, paragraph 12-1d. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 10 October 2008, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 7 December 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 27 January 2003 / 8 years (USAR) b. Age at Enlistment/Education/GT Score: 17 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-4 / 89B10, Ammunition Specialist / 6 years, 5 months, 24 days d. Prior Service/Characterizations: IADT, 24 July 2003 - 18 December 2003 / UNC (Concurrent Service) AD, 20 September 2004 - 28 June 2005 / HD (Concurrent Service) e. Overseas Service/Combat Service: SWA / Kuwait (18 November 2004 - 11 June 2005) f. Awards and Decorations: AAM-2, NDSM, GWOTSM, GWOTEM, AFRMMD, ASR, ARCOTR, ARCAM g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Electronic Copy of DD Form 2624, dated 18 April 2008, reflects the applicant tested positive for THC 44 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 12 April 2008. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has been a preschool teacher; completed his education; became a personal trainer; and, works in the senior insurance market. The applicant states, he bought a house, has married; and, has four-year-old daughter. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 12 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, and convictions by civil authorities. 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. 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 that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army Reserve'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, 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 marred the quality of his service. 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. The applicant contends the event that caused his discharge from the Army Reserve was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had good service, which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends he believes he did not have a problem, but was never afforded the opportunity for rehabilitation. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 27 January 2021, and by a 3-2 vote, the Board determined the character is inequitable based on the applicant's length and quality of service, to include combat service, prior period of honorable service, and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Authority to: AR 135-178, Paragraph 11-1 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 AR20180009658 4