1. Applicant's Name: a. Application Date: 23 July 2018 b. Date Received: 23 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to receive GI Bill benefits for school. The applicant contents that it is very vital that the applicant continue to further an education past the military career. The applicant was recently enrolled and had a degree pan set with the school prior to the circumstances of the chapter. The justification for any upgrade would be that the applicant has never received any negative counseling nor has the applicant ever tested positive for any illegal substance on past urinalyses. The command directed the applicant to ASAP where the applicant received proper treatment for the positive urinalysis. Initially the applicant was discharged early from the ASAP program because the instructor was confident in the applicant's denial of doing any illegal substances due to such a low level of ng in the applicant's system. The cut off level for ng in your system by regulation is 15 ng and the lab results came back right at 15 ng. The applicant explained to the ASAP instructor and to the command that THC could have entered the applicant's system from being around it in an enclosed area for a long period of time which the applicant believe happened. At the moment the applicant was unaware that the substance could enter one's system through second hand smoke. If knowledgeable of that info the applicant would have self-referred oneself. The applicant has never partaken in any illegal activities in the Army career and if possible would like to be given the benefits of the doubt based on a clean history and have the discharge upgraded. 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 no BH diagnoses while on active duty. The applicant does not have any BH diagnoses 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 8 January 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, Paragraph 14-12c(2) / JKK / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 November 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 August 2017 (2) Basis for Separation: The applicant was informed of the following reason: for illegally using marijuana between 27 March 2017 and 27 April 2017 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 August 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 August 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 August 2015 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68J10, Medical Logistics Specialist / 2 years, 3 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: 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 4 May 2017, reflects the applicant tested positive for THC 15 during an Inspection Random (IR) urinalysis testing conducted on 27 April 2017. Law Enforcement Report, dated 10 May 2017 shows the applicant was the subject of investigation for the wrongful use of marijuana. FG Article 15, dated 12 May 2017, for wrongfully using marijuana a schedule II substance between 27 March 2017 and 27 April 2017. The punishment consisted of reduction to E-2, forfeiture of $896 per month for two months (suspended), and extra duty for 30 days. Report of Mental Status Evaluation, dated 10 May 2017, which indicates the applicant understand and participated in administrative proceedings and appreciated the difference between right and wrong. Based on the evaluation the suicidal thoughts, intent, and lethality were an isolated event. The applicant was distraught over having a POS US for THC, an alleged allegation he vehemently denies, this influenced him to impulsively make a suicidal gesture. The applicant had some concern about his ability to continue to stay in the military as a result of the POS UA, he recognized that his impulsive action were an isolated event and that he was not ordinarily given to such impulsivity. The applicant did not have a DSM % diagnosis at that time. Negative counseling statement for substance abuse and disobeying a direct order from a commissioned officer. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; counseling statement; medication refill; slides on the risk impaired driving / poor judgement; rehabilitation status; request to remain in the military; character statements; cut-off concentrations in the military drug abuse testing program; memorandum reference "Lowering of Opiated Screening (Morphine and Codeine) Cut- Off Concentration"; and a copy of his DD Form 2624 drug test. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. 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 an 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 it is very vital that he continue to further his education past his military career. He was recently enrolled and had a degree plan set with his school prior to the circumstances of his chapter. The justification for any upgrade would be that he has never received any negative counseling nor has he ever tested positive for any illegal substance on his past urinalysis. His command directed him to ASAP where he received proper treatment for his positive urinalysis. Initially he was discharged early from the ASAP program because his instructor was confident in his denial of doing any illegal substances due to such a low level of ng in his system. The cut off level for ng in your system by regulation is 15 ng and his lab results came back right at 15 ng. He contends that he explained to his ASAP instructor and to his command that THC could have entered his system from being around it in an enclosed area for a long period of time which he believe happened. At the moment he was unaware that the substance could enter his system through second hand smoke. If knowledgeable of that info he would have self-referred himself. He has never partaken in any illegal activities in his Army career and if possible he would like to be given the benefits of the doubt based on his clean history and have his discharge upgraded. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The service record indicates the applicant committed a discrediting offense, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive his GI Bill benefits for school. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 8 January 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: Yes 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 / 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 AR20180012265 1