1. Applicant's Name: a. Application Date: 9 July 2018 b. Date Received: 17 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, the military record reflects the applicant was discharged for an isolated offense. The applicant was known as a good Soldier and was ready to further a career as a noncommissioned officer. Two months prior to the incident, the applicant had passed the E-5 promotion board and had completed the initial enlistment of three years and nine months. The applicant passed every urinalysis except for the one conducted on 14 September 2017, which was positive for THC. The applicant passed every subsequent urinalysis and was punished under Article 15, UCMJ. The suspended portions of the punishment were never carried out, because the applicant did not cause any issues for them to be vacated. The applicant states the command team deployed and was present during the incident was absent during the initiation of separation proceedings. The new command team did not know the applicant's character and that the applicant had never had any prior encounters. After the Article 15, the applicant did not receive any notification of separation until mid-February 2018. The applicant was already in the process of separating from the military because of the ETS and it was not until May 2018, when the applicant received the chapter paperwork from the command team. The applicant's ETS date was 7 June 2018, yet the legal team nor command team informed the applicant about being able to ETS nor informed the applicant about being administratively separated. The applicant was so close to finishing the initial enlistment that it was unfair to administratively separate and leave the applicant in a stage of uncertainty for a future outside the military. The applicant believes the fact that the misconduct was an isolated incident was not consideration and that the applicant should not have to suffer the consequences for the rest of life. The applicant is unable to use the knowledge and skills learned from the military in the current field of study with the current discharge. The applicant further details the contentions in a self- authored statement. In a records review conducted at Arlington, VA on 10 January 2020, and by a 4-1 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 / General (Under Honorable Conditions) b. Date of Discharge: 7 June 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 April 2018 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 16 August 2017 and on or about 14 September 2017, he wrongfully used marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 April 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 May 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 September 2014 / 3 years, 39 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 123 c. Highest Grade Achieved / MOS / Total Service: E-4 / 35G10, Geospatial Intelligence Imagery Analyst / 3 years, 9 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 29 September 2017, reflects the applicant tested positive for THC 153 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 14 September 2017. FG Article 15, dated 18 October 2017, for wrongfully using marijuana (between 16 August and 14 September 2017). The punishment consisted of a reduction to E-2; forfeiture of $896 pay per month for two months (suspended); extra duty for 45 days; and, restriction for 45 days. Report of Mental Status Evaluation, dated 20 February 2018, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; self-authored statement; 16 character statements; copies of his military service records. 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. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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. 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 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 the event that caused his 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 635-200, 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 he was so close to finishing his initial enlistment that it was unfair to administratively separate and leave him in a stage of uncertainty for his future outside the military. 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 applicant contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good performance while serving in the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 10 January 2020, and by a 4-1 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 AR20180012512 1