1. Applicant's Name: a. Application Date: 27 February 2018 b. Date Received: 27 September 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, joined the Army young and very impressionable and ended up with the wrong people. The applicant would like to be given a second chance to correct the mistakes and afforded the opportunity to continue a career. In a records review conducted at Arlington, VA on 31 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 30 September 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 14 July 2016 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he tested positive for marijuana, a schedule I controlled substance ( 21 April 2016); and additionally he made a statement to the Fort Bragg Criminal Investigation Command (CID) admitting to the use of Xanax, a schedule IV controlled substance (26 April 2016). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 July 2016, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 17 August 2016, the separation approving authority directed the applicant's administrative discharge, with a General (Under Honorable Conditions) characterization of service be suspended for 10 months. On 28 August 2016, the applicant was cited for driving under the influence on Fort Bragg, North Carolina. He was counseled by his company commander on 29 August 2016 and advised that the vacation of suspension was being considered in accordance with AR 635-200, paragraph 1-18c(3). He was given 3 duty days to consult with counsel and submit a written statement on his behalf. On 31 August 2016, the applicant declined to make any statement. On 8 September 2016, the separation approving authority directed the suspension to the administrative separation under Chapter 1 4-12c(2), misconduct (drug abuse) be vacated and the separation be executed . 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 March 2015 / 4 years, 21 weeks b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-3 / 42A1P, Human Resources Specialist / 1 year, 6 months, 8 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: Report of Mental Status Evaluation, dated 16 June 2016, relates the applicant was screened for PTSD and TBI. These conditions were either not present or, if present, do not meet AR 40-501 criteria for a medical evaluation board. The evaluation indicated that there was no evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels. He was mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. He was psychologically cleared for any administrative action deemed appropriate by the separation authority. The record of evidence indicated the applicant was reduced to PVT / E-1; however, the document that reduced him is not contained in the available record. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and three character / support statements. 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 general (under 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 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 joined the Army young and very impressionable and ended up with the wrong people. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant would like to be given a second chance to correct his mistakes and afforded the opportunity to continue his career. Soldiers being processed for separation are assigned reentry codes based on their 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 31 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 AR20180016095 1