1. Applicant's Name: a. Application Date: 15 October 2018 b. Date Received: 2 November 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, was a young private and was fresh in the Army and to a new country (Germany). The applicant's main goal when joining the military was to finish the enlistment and use benefits to further an education. The applicant failed to follow and uphold the standards and disappointed oneself, family, fellow Soldiers, and country. It hurt the applicant's soul to come back to U.S. soil and did not leave the house for six months. The applicant started drinking habitually just to forget the failures. The applicant's family witnessed the applicant deteriorating and suggested that the applicant seek counseling. The applicant accepted the advice and took a drug counseling class, which was a major step. During the sessions, the applicant obtained better glimpse at who the applicant was versus who the applicant was becoming. The classes helped to clear the applicant's vision and clean the body system. After finishing the classes, the applicant was able to get back into school through financial aid, loans, and Vocational Rehabilitation. Since discharge, the applicant has graduated from two different colleges earning two Associate degrees from Georgia State University and Interactive College of Technology acquiring degrees in General Studies and Accounting. The applicant has five certifications in programs such as, Microsoft Word, Excel, Power Point, Outlook and QuickBooks and has been on the Presidents List and the Dean's List on numerous occasions. The applicant has been inducted into the National Technical Honor Society (NTHS) because of good grades. The Board can see the applicant has changed for the country, family, battles, and oneself. The applicant states that through this journey, the applicant now has had two children, a girl and boy, who look up to their daddy every day. The applicant's long term goal for them is to set a good foundation for them so that they will not have to struggle or make big mistakes as the applicant had done when being discharged. The applicant has learned a lesson and an upgrade will allow the applicant to further an education to earn a Bachelor and Master Degree. The applicant believes everyone deserves a second chance, if they can prove that they can be a leader or a model citizen for the community or the next generation. Now the applicant is an instructor for Interactive College of Technology helping students better their lives. One can see the applicant has changed for the better good and only wants to further an education and gain more knowledge, which will allow the applicant to create one's own business and create generational wealth. An upgrade would help keep an education going. In a records review conducted at Arlington, VA on 1 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: 26 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 December 2011 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used and possess marijuana & psilocybin (magic mushrooms). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 December 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 December 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2010 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 84 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 year, 3 months, 26 days / Evidence of the record reflects the applicant's MOS was 92F10, Petroleum Supply Specialist. However, his DD Form 214, reflects "None". d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 22 September 2011, reflects the applicant tested positive for THC 45 (marijuana), during an Command Directed (CO) urinalysis testing, conducted on 13 August 2011. Report of Mental Status Evaluation, dated 8 November 2011, 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. Record of Trial by Summary Court-Martial, dated, 22 November 2011, reflects the applicant was charged with: Charge I: Violation of Article 80, UCMJ: Attempt to wrongfully introduce approximately two grams of marijuana, and approximately twenty grams of psilocybin, onto an installation under control of the armed forces, to wit: Sembach Kaserne (13 August 2011). Guilty, consistent with the plea. Charge II: Violation of Article 81, UCMJ: Specification 1: conspire with SPC S. S., SPC J. R. and SPC D. R., to commit an offense under the UMCJ, to wrongfully introduce approximately ten grams of marijuana, and one hundred and thirty grams of psilocybin, onto an installation under control of the armed forces, to wit: Sembach Kaserne (12 August 2011); and, in order to effect the object of the conspiracy the applicant, SPC S. S., SPC J. R. and SPC D. R., did purchase approximately ten grams of marijuana and approximately one hundred and thirty grams of psilocybin. Guilty, not consistent with the plea. Specification 2: The applicant did conspire with SPC S. S., SPC J. R. and SPC D. R., to wrongfully use marijuana and in order to effect the conspiracy the applicant, SPC S. S., SPC J. R. and SPC D. R., did travel together and purchase approximately ten grams of marijuana (12 August 2011). Guilty, consistent with the plea. Charge III: Violation of Article 92, UCMJ: violation a general regulation by wrongfully possessing drug paraphernalia (13 August 2011). Guilty, consistent with the plea. Charge IV: Withdrawn. Charge V: Violation of Article 112a, UCMJ: Specification 1: Wrongfully possess approximately twenty grams of psilocybin (13 August 2011). Guilty, consistent with the plea. Specification 2: Wrongfully possess approximately two grams of marijuana (13 August 2011). Guilty, consistent with the plea. Specification 3: Wrongfully use marijuana (13 August 2011). Guilty, consistent with the plea. The sentenced adjudged: Reduction to Private (E-1); Forfeiture $750 pay for one month; and, confinement for 21 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; five Certificates of Achievement; three Microsoft Office Specialist certificates; Intuit QuickBooks certificate; National Technical Honor Society certificate; two Associate's Degree diplomas; Certificate of Completion; mini-practice Set 1. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has earned two Associate degrees and five certifications; achieved the Presidents List and the Dean's List on numerous occasions; and, has been inducted into the National Technical Honor Society. The applicant is an instructor for Interactive College of Technology helping students better their lives. 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 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 1 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 AR20180016149 1