1. Applicant's Name: a. Application Date: 10 October 2018 b. Date Received: 19 October 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 further an education. The applicant contends has paid into the Montgomery GI Bill entirely. The applicant completed a longer term of duty than the vast majority of people and was unjustly punished. The crime put no one in danger, however there are members of the unit and units throughout the Army that are severely under punished for crimes such as DUI, where they put the lives of anyone they come across on the road in danger. If required, the applicant can provide a mental health counselors notes of the applicant's reasons in making the mistakes, but the applicant believes it's unjust for someone who has a virtually spotless record otherwise and has received awards for good conduct and outstanding leadership to lose such a valuable life asset because of one mistake. In a records review conducted at Arlington, VA on 29 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 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 1 February 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 November 2017 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using cocaine, a schedule II controlled substance between 13 October and 17 October 2017. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 December 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 January 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 February 2014 / 4 years, 19 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 125 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 3 years, 11 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska / None f. Awards and Decorations: AGCM, NDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 30 October 2017, reflects the applicant tested positive for COC 76758 during an Inspection Unit (IU) urinalysis testing conducted on 17 October 2017. CID Report showing the applicant was the subject of investigation for the wrongful introduction, possession, and use of cocaine. FG Article 15, dated 27 November 2017 for wrongfully using cocaine between 13 October 2017 and 17 October 2017. The punishment consisted of reduction to E-1, forfeiture of $799 pay per months for two months ($799 pay suspended), extra duty and restriction for 45 days, and an oral reprimand. Report of Mental Status Evaluation, dated 3 November 2017, which shows the applicant was screened for Post-Traumatic Stress Disorder, Depression, Traumatic Brain Injury, Substance Misuse, and Sexual Trauma. All screens were negative. It was also noted that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was psychiatrically cleared for administrative separation. Negative counseling statement reference testing positive on a urinalysis. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 a 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 he completed a longer term of duty than the vast majority of people and was unjustly punished. His crime put no one in danger, however there are members of his unit and units throughout the Army that are severely under punished for crimes such as DUI, where they put the lives of anyone they come across on the road in danger. If required, he can provide a mental health counselors notes of his reasons in making the mistakes he did, but he believes it's unjust for someone who has a virtually spotless record otherwise and has received awards for good conduct and outstanding leadership to lose such a valuable life asset because of one mistake The applicant's contentions were noted; his service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and he is to be commended. However, although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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. It should be noted, by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct. It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. The applicant expressed a desire for an upgrade of his discharge for the purpose of being able to further his education. He contends that he has paid into the Montgomery GI Bill entirely. The applicant's request was noted; 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 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 29 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: 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 AR20180014445 1