1. Applicant's Name: a. Application Date: 15 September 2018 b. Date Received: 31 December 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, wants the discharge to reflect foreign and overseas service. The applicant served in Iraq from 2004 to 2005. The applicant desires to have the GI Bill reinstated or at least have the Board review it so that the applicant may qualify for the GI Bill. In a records review conducted at Arlington, VA on 29 April 2020, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, and the a prior period of honorable service. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 28 November 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 October 2005 (2) Basis for Separation: The applicant was informed of the following reasons: He wrongfully used marijuana between on or about 19 July and 18 August 2005, for which he received a Field Grade Article 15, dated 5 October 2005. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 October 2005 (5) Administrative Separation Board: On 27 October 2005, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 4 November 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 October 2002 / 6 years b. Age at Enlistment / Education / GT Score: 38 / Associate's Degree / 95 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91D10, Operating Room Specialist / 9 years, 1 month d. Prior Service / Characterizations: RA, 30 August 1982 - 19 February 1987 / NIF USAR, 20 February 1987 - NIF / NIF (Break in Service) e. Overseas Service / Combat Service: The applicant's service record reflects he was awarded the OSR and the GWOTEM, however, the record is void of any evidence of specific overseas service. f. Awards and Decorations: ARCOM-2, AAM, AGCM, NDSM, ASR, OSR, GWOTEM, GWOTSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 18 August 2005, reflects the applicant tested positive for THC 62 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 10 August 2005. CID Report of Investigation - Initial Final, dated 31 August 2005, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Use of a Controlled Substance when he submitted a urine specimen during a urinalysis, which subsequently tested positive for THC. FG Article 15, dated 5 October 2005, for wrongfully using marijuana (between 19 July and 18 August 2005). The punishment consisted of a reduction to E-4; forfeiture of $978 pay per month for two months (suspended); and, extra duty for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 that 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 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 contends his discharge does not reflect his foreign service, combat service or all of his awards. However, the applicant's requested changes to the DD Form 214 do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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 29 April 2020, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, and the a prior period of honorable service. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20190000519 1