1. Applicant's Name: a. Application Date: 10 September 2018 b. Date Received: 25 September 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, was discharged for substance abuse due to a pending deployment to Iraq and this was the only way the applicant could handle it. The applicant is asking for an upgrade for health reasons to receive VA benefits, especially behavioral health and other services. 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 due to the period of service, the applicant's active duty records are unavailable for review. The VA has diagnosed the applicant with Major Depressive Disorder and ADHD. 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 31 January 2020, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include combat service and the circumstances surrounding the discharge (i.e. post-service diagnosis of OBHI), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. Additionally, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 16 April 2004 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 18 February 2004 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully used cocaine on two separate occasions. (3) Recommended Characterization: Applicant's chain of command recommended an Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 February 2004, applicant requested consideration of my case by an administrative separation board. (5) Administrative Separation Board: On 20 March 2004, applicant conditionally waived appearance before an administrative separation board contingent upon receiving a characterization of service no less favorable than General (Under Honorable Conditions). On 12 March 2004, the separation approving authority disapproved the applicant's conditional waiver and approved his request for personal appearance before an administrative separation board. On 29 March 2004, applicant unconditionally waived appearance before an administrative separation board. On 6 April 2004, the separation approving authority disapproved the applicant's unconditional waiver request. (6) Separation Decision Date / Characterization: 6 April 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 August 1999 / 6 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15G10, Aircraft Structural Repairer / 4 years, 8 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait / Iraq, 27 January 2003 to 15 July 2003 f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ASR, PUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IU (Inspection Unit), dated 29 July 2002, for cocaine. FG Article 15, dated 26 September 2002, for wrongful use of some amount of cocaine between (30 June 2002 and 29 July 2002); reduction to PVT / E-1, forfeiture of $552 pay for two months and extra duty for 45 days. Positive urinalysis test code not in file, dated 14 October 2003, for cocaine. Summary Court-Martial, dated 21 November 2003, the applicant was found guilty of wrongful use of cocaine (9 October 2003). He was sentenced to reduction to PVT / E-1, forfeiture of $767 pay for one month and confinement for 30 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); letter, National Personnel Records Center; and a service request all details. 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. 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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 general (under honorable conditions) or an honorable discharge at the time of separation. 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, he was discharged for substance abuse due to his pending deployment to Iraq and this was the only way he could handle it. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant further contends, he is asking for an upgrade for health reasons to receive VA benefits, especially behavioral health and other services. 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 31 January 2020, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include combat service and the circumstances surrounding the discharge (i.e. post-service diagnosis of OBHI), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. Additionally, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 365-200, Paragraph 14-12c e. Change SPD / RE Code to: JKQ / RE-3 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 AR20180015824 1