1. Applicant's Name: a. Application Date: 6 August 2018 b. Date Received: 13 August 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, that the discharge stemmed from a relapse the applicant suffered while on active duty from the addiction to substances. The applicant contends that prior to the time in the military, the applicant dealt with a mental and physical addition to substances. The applicant beat that addiction, or so the applicant thought and decided to enlist with the intention of getting away from the past and to start new as a Soldier; to serve the county and make a life that the applicant could be proud of. In a records review conducted at Arlington, VA on 6 March 2020, 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 / Chapter 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 22 September 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 August 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for using and possessing heroin on divers occasions between 23 January 2017 and 9 May 2017; Driving a car while impaired by heroin on 23 January 2017; Making a false official statement on 23 January 2017; Failing to obey a lawful order between 7 May 2017 and 8 May 2017; Being absent from his unit between 6 May 2017 and 9 May 2017; Wrongfully appropriating a 2012 Dodge Avenger, 39" Visio Television, and Xbox on 23 January 2017 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 24 August 2017, the applicant waived consideration of his case by an administrative separation board (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 8 September 2017 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 November 2015 / 3 years, 41 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-1 / 35N10, Signals Intelligence Analyst / 1 year, 8 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Summary Court-Martial, dated 31 July 2017, for going from his appointed place of duty, failing to obey other lawful order, making a false official statement, driving a vehicle while impaired, wrongful use of a controlled substance x3, wrongful possession of a controlled substance x2, and wrongful appropriation x3. The punishment consisted of confinement for 30 days and forfeiture of $1,066.00 pay per month, for one month. Report of Mental Status Evaluation, dated 15 August 2017, noted that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. i. Lost Time / Mode of Return: Confinement military authorities for a total of 33 days; 5 days (10 June 2017 to 14 June 2017) and 28 days (31 July 2017 to 27 August 2017) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; certificate for the completion of the cognitive and skills evaluation and the EMT Course, and a certificate for being a member of the Military Intelligence Corps, 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his separation he has been helping his family take care of his disabled older brother, which also inspired him to enter the medical field as a profession and career. He has completed training to become a licensed Emergency Medical Technician, and is in the process of obtaining a phlebotomy license so he can work in a hospital as an ER Tech, and eventually become a nurse. 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 under other than honorable conditions discharge to general (under honorable conditions). 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 or general (under honorable conditions) 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 she should have been retained on Active duty. The applicant seeks relief contending that his discharge stemmed from a relapse he suffered while on active duty from the addiction to substances. The applicant contends that prior to his time in the military he dealt with a mental and physical additions to substances. He beat that addiction, or so he thought and decide to enlist with the intention of getting away from his pas and to start new as a Soldier; to serve his county and make a life that he could be proud of. The applicant's contentions were noted; 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 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 6 March 2020, 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 AR20180011705 1