1. Applicant's Name: a. Application Date: 29 June 2016 b. Date Received: 5 July 20116 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 pertinent part and in effect (within the preview of ADRB), he realized the error of his ways. He now realizes that he is not the same person he was during the period of his discharge. An upgrade would provide him the opportunity to be the best he can be. In a records review conducted at Arlington, VA on 22 August 2018, 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: 16 July 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 June 2015 (2) Basis for Separation: The applicant wrongfully used marijuana, a Schedule I controlled substance, between 8 December 2014 and 8 January 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 16 June 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 July 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 November 2013 / 3 years, 41 weeks b. Age at Enlistment / Education / GT Score: 20 / 13 years / 106 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25B10, Information Technology Specialist, per ERB (DD Form 214 shows none) / 1 year, 7 months, 28 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of the DD Form 2624, dated 5 February 2015, shows that the applicant tested positive for marijuana during an IR (Inspection, Random) urinalysis conducted on 8 January 2015. Negative counseling statements for testing positive for THC during a random urinalysis; pending investigation; and pending action to suspend favorable personnel actions. CID Report, dated in June 2015, indicates the applicant was the subject of an investigation for wrongfully consuming synthetic cannabinoids. FG Article 15, dated 10 March 2015, for wrongfully using marijuana between 8 December 2014 and 8 January 2015. The punishment consisted of a reduction to E-1, forfeiture of $773 pay per month for one months, 45 days of extra duty and restriction, and an oral reprimand. Report of Mental Status Evaluation, dated 5 March 2015, psychiatrically cleared the applicant for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for the Correction of Military Record), dated 29 June 2016; Certificate of Signal Regimental Affiliation; graduate certificate of MOS 25B; three character and supporting statements; and DA Form 4187 (Personnel Action), dated 25 March 2014. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence shows he is a student of a university and a laboratory assistance in the office of his professor. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), Misconduct (Drug Abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and 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'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 that ultimately caused his discharge from the Army. 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 contends that he realized the error of his ways, and that he is not the same person he was during the period of his discharge, perhaps an indication that he was young and immature. However, 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant also requested a change to the DD Form 214 concerning his MOS; however, that portion of the request does not fall within the purview of this Board. Therefore, it is reserved for the Army Board for Correction of Military Records (ABCMR's) determination/disposition at case number AR20160012543. 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 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 22 August 2018, 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 AR20180010220 1