1. Applicant's Name: a. Application Date: 29 October 2018 b. Date Received: 1 November 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, it has been over 10 years since discharge, the applicant was very young and made many mistakes in life. The applicant was in a bad situation with the husband, which the applicant is now divorced. The applicant has gone to school and will graduate in December. The applicant wants to come back to the Army and make a better life for the three boys and show that the applicant has grown and changed and to finish what the applicant started. The applicant did fail a drug test and it was not in error, but believes people can change and the applicant has changed life and desires a second chance. The applicant wants to show the sons that people do make mistakes, but they can make changes and turn their lives around and do better. One should never give up on their dreams. In a records review conducted at Arlington, VA on 3 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: 13 March 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 March 2008 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: Wrongful use of controlled substances, to wit: Methamphetamine, Methylenedioxy Methamphetamine, and Dexadrine Amphetamine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 11 March 2008, the applicant waived her rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 12 March 2008, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14- 12c, Commission of a Serious Offense. / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 August 2007 / 4 years, 22 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 5 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 16 January 2008, reflects the applicant tested positive for MDMA 1324 (methylenedioxy methanphetamine), during an Inspection Random (IR) urinalysis testing, conducted on 4 January 2008. Electronic Copy of DD Form 2624, dated 16 January 2008, reflects the applicant tested positive for DAMP 199 (D-amphetamines) and DMETH 322 (D-Methamphetamine), during an Inspection Random (IR) urinalysis testing, conducted on 4 January 2008. Report of Mental Status Evaluation, dated 8 February 2008, 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. FG Article 15, dated 9 February 2008, for wrongfully using methamphetamine (DMETH); methylenedioxy methanphetamine (MDMA); and, Dexedrine amphetamine (DAMP) (between 31 December 2007 and 4 January 2008). The punishment consisted of a forfeiture of $400 pay; and, extra duty and restriction for 45 days. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 23 February 2008; and, From "AWOL" to "PDY," effective 7 March 2008. FG Article 15, dated 7 March 2008, for being AWOL (between 23 February and 7 March 2008). The punishment consisted of a forfeiture of $673 pay (suspended); and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: 17 days (AWOL, 23 February 2008 - 7 March 2008) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214; DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, she has returned to school to pursue her degree. 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 her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her 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 her service. The record confirms that the applicant's discharge was appropriate because the quality of her 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 she should have been retained on Active Duty. The applicant contends that she was having family issues that affected her behavior and ultimately caused her to be discharged. However, 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 contends that she was very young and immature at the time. The record confirms the applicant's youth at the time of enlistment and an apparent lack of maturity. The record also shows the applicant's discrediting entries were incidents of a minor nature. While the applicant's misconduct and poor duty performance were a clear departure from acceptable Army standards, it appears the offenses were partially mitigated by youth and immaturity. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 3 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 AR20180016093 2