1. Applicant's Name: a. Application Date: 11 September 2018 b. Date Received: 27 September 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 to use the benefits to better oneself. In a records review conducted at Arlington, VA on 19 February 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 16 March 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 February 2007 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 17 September 2006 and on or about 19 September 2006, he wrongfully used Cocaine; Between on or about 19 August 2006 and on or about 19 September 2006, he wrongfully used Marijuana; On or about 24 October 2006, without authority, he absented himself from his unit until to on or about 27 October 2007; and, On or about 16 September 2006, he received a DUI in the state of Georgia, while in violation of the mileage limit of 250 miles away from For Campbell, Kentucky, without an approved mileage pass or leave. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 15 February 2007, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 March 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 January 2006 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / 109 c. Highest Grade Achieved / MOS / Total Service: E-2 / 21B10, Combat Engineer / 1 years, 1 month, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Georgia, Uniform Traffic Citation, Summons and Accusation, dated 16 September 2006, reflects the applicant was charged with: Driving under the influence of alcohol (.026). Electronic Copy of DD Form 2624, dated 27 September 2006, reflects the applicant tested positive for COC 6121 (cocaine) and THC 29 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 19 September 2006. CID Report of Investigation - Initial Final, dated 19 October 2006, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Use of a Cocaine and Wrongful Use of Marijuana when he submitted a urine specimen on 19 September 2006, during the conduct of a unit urinalysis test, which subsequently tested positive for Cocaine. FG Article 15, dated 1 November 2006, for wrongfully using cocaine (between 17 and 19 September 2006); wrongful use of marijuana (between 19 August and 19 September 2006); and, for being AWOL between 24 and 27 October 2006. The punishment consisted of a reduction to E-1; forfeiture of $637 pay per month for two months; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 6 December 2006, 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. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Confined by Civil Authorities (CCA)," effective 10 February 2007; From "CCA" to "PDY," effective 12 February 2007. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None submitted with the application. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 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 that an upgrade of his discharge would allow veterans benefits. However, eligibility for veteran's benefits 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 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 19 February 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 AR20180013707 1