1. Applicant's Name: a. Application Date: 3 June 2018 b. Date Received: 19 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, this was her first offense failing a drug test and she believes she never received a fair chance at taking a drug test. The applicant states, she had just came in the military and unfortunately failed her piss test, but she never knew she had the opportunity to take a class once she arrived in Iraq in 2011. Her NCO failed to advise the applicant there was a class offered in Iraq, until the last day of the class. The applicant states this was her very first offense and she does not believe she was received fair justice. In a records review conducted at Arlington, VA on 14 October 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's combat service and prior period of honorable service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and the separation authority to AR 135- 178, Paragraph 11-1a. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 13 June 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: On 8 February 2012, the applicant's commander mailed her the notification via certified mail, with a suspense of 30 days to acknowledge the notice and her rights. (2) Basis for Separation: The applicant was informed of the following reasons: Abuse of Illegal Drugs. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: The applicant failed to respond to the notification of separation, thereby waiving her right to counsel. (5) Administrative Separation Board: The applicant failed to respond to the notification of separation, thereby waiving her right to an administrative separation board. (6) Separation Decision Date/Characterization: 2 June 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 10 December 2009 / 8 years (USAR) b. Age at Enlistment/Education/GT Score: 27 / Associate's Degree / 95 c. Highest Grade Achieved/MOS/Total Service: E-3 / 88M10, Motor Transport Operator / 2 years, 5 months, 29 days d. Prior Service/Characterizations: IADT, 23 February 2010 - 25 June 2010 / HD (Concurrent Service) AD, 2 January 2011 - 25 December 2011 / HD (Concurrent Service) e. Overseas Service/Combat Service: SWA / Kuwait-Iraq (16 February 2011 - 10 November 2011) f. Awards and Decorations: NDSM, GWOTSM, ICM-CS, ASR, AFRMM g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Electronic Copy of DD Form 2624, dated 1 September 2010, reflects the applicant tested positive for THC 100 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 27 August 2010. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Orders 12-160-00036. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her under other than honorable conditions discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her 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 U.S. Army Reserve, 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 her 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 she should have been retained. The applicant contends the event that caused her discharge from the Army 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 135-178, 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 she did not receive fair justice and her NCO never informed her of a rehabilitative class until the class was ending. However, 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 her 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 14 October 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's combat service and prior period of honorable service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and the separation authority to AR 135-178, Paragraph 11-1a. 10. BOARD ACTION DIRECTED: a. Issue a Separation Document: Yes b. Change Characterization to: Honorable c. Change Authority to: AR 135-178, Paragraph 11-1a 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 AR20180011116 4