1. Applicant's Name: a. Application Date: 28 August 2018 b. Date Received: 30 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 continue serving the country with the GA Air National Guard and gain access to medical benefits as well through the VA. In a records review conducted at Arlington, VA on 22 April 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: 30 January 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 December 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully using marijuana between on or about 27 August 2017 and 27 September 2017; and Being absent without leave between on or about 22 February 2017 and 5 September 2017 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 December 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 January 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 September 2014 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25U10, Signal Support Systems Specialist / 2 years, 9 months, 12 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: Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 24 February 2017 From "Confined by Civil Authorities (CCA)" to "Present for Duty (PDY)," effective 21 September 2017 Electronic copy of the DD Form 2624, dated 17 October 2017, reflects the applicant tested positive for THC 132 during an Probable Cause (PO) urinalysis testing conducted on 27 September 2017. FG Article 15, dated 17 October 2017, for being absent without leave from his unit from 24 February 2017 until his return on 21 September 2017. The punishment consisted of reduction toe E-1, forfeiture of $799.00 pay, extra duty for 45 days, and oral reprimand. Report of Mental Status Evaluation, dated 28 November 2017, noted that the applicant had the mental capacity to understand and participated in board proceedings. The applicant was mentally sound and able to appreciate any wrongfulness in his conduct and to conform his conduct to the requirements of the law. He was considered accountable for his actions. The applicant had the mental capacity to understand and participated in board proceedings. The applicant was psychiatrically cleared for Chapter 14-12. Counseling statements reference the applicant having gone AWOL and initiation of separation action. i. Lost Time / Mode of Return: The DD Form 214 under review reflects: AWOL 208 days (24 February 2017 to 4 September 2017 and 5 September 2017 to 19 September 2017) / mode of return unknown. It appears the applicant may have been placed in civilian confinement on 5 September 2017; however, the available records is void of an documents to fully support this conclusion. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214 for the period of service under review. 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 expressed his desire for an upgrade of his discharge for the purpose of being able to continue serving his country with the GA Air National Guard and gain access to his medical benefit as well through the VA. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. Further, 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 22 April 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 AR20180015635 1