1. Applicant's Name: a. Application Date: 15 May 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 and a lifting of the bar to reenlistment. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to reenlist and serve the country with pride and full dedication. The applicant contends that the applicant idiotically allowed oneself to follow the steps of a wrongful person, causing a long awaited career to be altered in a horrible way. The applicant now begs for forgiveness and the ability to carry on with a career to pursue the dream of being a Soldier. 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 and Phase of Life Problem. The applicant is 40% service-connected from the VA. In summary, the applicant does 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 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: 13 February 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 October 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully marijuana between 30 July 2017 and 29 August 2017; and Wrongfully using Benzodiazepine between 20 June 2017 and 27 June 2017 (3) Recommended Characterization: Under Other Than Honorable Conditions. The intermediate commander recommended a characterization of service of general (under honorable conditions) The senior intermediate commander recommended a characterization of service of under other than honorable conditions (4) Legal Consultation Date: On 25 October 2017, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service or description of separation no less favorable than general (under honorable conditions) (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 December 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 August 2016 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11C10, Indirect Fire Infantryman /1 year, 5 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 27 July 2017, reflects the applicant tested positive for AHAL 135 during an Inspection Unit (IU) urinalysis testing conducted on 27 June 2017. Electronic copy of the DD Form 2624, dated 8 September 2017, reflects the applicant tested positive for THC 272 during an Probe Cause (PO) urinalysis testing conducted on 29 August 2017. Receipt for pre-trial/post-trial prisoner or detained person for the offenses of ART 112A, UCMJ wrongful use, possession, distribution of a controlled substance and ART 92, UCMJ failure to obey lawful order. / i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 29 September 2017, indicates the applicant was diagnosed with a BH Diagnoses of Adjustment Disorder. It was noted that the applicant was cleared for any administrative or judicial actions deemed appropriate by his command. There were no mitigating psychosocial factors that diminished his ability to make deliberated choices, know right from wrong, or adhere to the former. It was noted that he should be subject to the normal channels of counseling and discipline, including UCMJ actions, if warranted, for any misconduct. The applicant met medical retentions requirements of CH 3, AR 40-501 and did not require a medical board. 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 and a lifting of his bar to reenlistment. 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 idiotically allowed himself to follow the steps of a wrongful person, causing his long awaited career to be altered in a horrible way. He now begs for forgiveness and the ability to carry on with his career to pursue his dream of being a Soldier. The applicant's contentions were noted; however, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant seeks relief contending that he would like an upgrade of his discharge for the purpose of being able to reenlist and serve his country with pride and full dedication. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. 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 AR20180009800 1