1. Applicant's Name: a. Application Date: 21 January 2019 b. Date Received: 28 January 2019 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, would like an upgrade of discharge for the purpose of being able to join the Massachusetts Army National Guard. The applicant takes full responsibility for the actions and drug usage that resulted in discharge. However, the applicant believes the character now is not the same character then. The applicant had two contributing instances that led to discharge and will not dispute those. Since discharge, the applicant has earned a BS in Business Administration from Fordham University and is currently pursuing a MS in Applied Business Analytics from Boston University. Except for the discretions, the applicant's work performance was never contested or an issue. The platoon sergeant relied upon the applicant until the last day of service and even wrote a letter of recommendation when the applicant was considering law school. The applicant continues to be an example of excellences, contributes to the community and family, and would like to be able to list the service as honorable in the applicant's children's eyes. The applicant struggled during military life and it took a while to grow up and find the kind of person the applicant was meant to be. Now the applicant is that person and is deserving of an honorable discharge. The applicant used drugs and possessed a firearm in the barracks, however, does not believe the applicant should have been discharged as a result. The applicant was informed about being discharged after the possession of a firearm charge and gave up after that. It was following that, the applicant failed a drug test. The applicant contends many others in the unit at the time were caught using drugs on multiple occasions and were not discharged. They were allowed to finish their contracts and receive honorable discharges. Specifically, one of the applicant's friends failed three drugs tests, served two tours and was issued an honorable discharge. The applicant is not making excuses for these actions, but provides reasonable expression for why the applicant thinks the discharge should be changed to honorable. In a personal appearance hearing conducted at Arlington, VA on 15 July 2019, 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 post-service accomplishments. 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 (Drug Abuse) / AR 635- 200 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 3 May 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 April 2007 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully using cocaine, a schedule II controlled substance and violating General Order Number 1 while deployed to Iraq. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 April 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 April 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 September 2004 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 129 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 2 years, 7 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (24 September 2005 to 7 September 2006) f. Awards and Decorations: ARCOM, AAM, NDSM, GWOTSM, ICM, ASR, OSR, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 6 February 2006, for violating a lawful general order, to wit: paragraph 5(g) General Order No, 1, US Army dated 1 November 2005, by wrongfully possessing alcohol within the USCENTCOM AOR on 24 January 2006. The punishment consisted of reduction to E-1, forfeiture of $636 pay per month for two months, and extra duty for 45 days. FG Article 15, dated 6 February 2007, for violation of a lawful general regulation, to wit: paragraph 13-4, CAM Regulation 190-1, dated 5 May 2005, by wrongfully having an unregistered 9mm pistol in his barracks room, and violating a lawful general regulation, to wit: paragraph 13-7(b) and (e), CAM Regulation 190-1, dated 5 May 2005, by wrongfully having a riot control baton, M18 yellow smoke grenade, M117 Simulator booby trap flash, and five Blast Simulators, #B035823 in his barracks room on 19 January 2007. The punishment consisted of reduction to E-1, forfeiture of $650 for two months, and extra duty and restriction for 45 days. Electronic copy of the DD Form 2624, dated 21 February 2007, reflects the applicant tested positive for Cocaine during an Inspection Random (IR) urinalysis testing conducted on 2 February 2007. FG Article 15, dated 27 March 2007, for wrongfully using cocaine between 26 January 2007 and 2 February 2007. The punishment consisted of forfeiture of $650 pay per month for two months, and extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 13 March 2007, shows the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was cleared for any administrative action deemed appropriated by his command. Negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: DD Form 2807-1 shows the applicant had issues with anxiety and use of cannabis and cocaine prior to military. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a character statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge, he as earned a BS in Business Administration from Fordham University and is currently pursuing a MS in Applied Business Analytics from Boston University. 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 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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. 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 takes full responsibility for his actions and drug usage that resulted in his discharge. However, he believes his character now is not his character then. He had two contributing instances that led to his discharge and will not dispute those. Since his discharge, he as earned a BS in Business Administration from Fordham University and is currently pursuing a MS in Applied Business Analytics from Boston University. Except for his discretions his work performance was never contested or an issue. His platoon sergeant relied upon him until his last day of service and even wrote him a letter of recommendation when he was considering law school. He continue to be an example of excellences as he contribute to his community and family, and would like to be able to list his service as honorable in his children's eyes. He struggled in his previous military life and it took him awhile to grow up and find the kind of man he out to be. Now he believes he is that man and deserving of an honorable discharge. He contends he used drugs and possessed a firearm in the barracks; however, he does not believe he should have been discharged as a result. He was informed that he was being discharged after the possession of a firearm charge and he gave up after that. It was following that he failed a drug test. He contends many others in his unit at the time we caught using drugs on multiple occasions and were not discharged. They were allowed to finish their contracts and receive honorable discharges. Specifically, one of his friends failed three drugs tests, served two tours and was issued an honorable discharge. He is not making excuses for his action, but provide reasonable expression for why he thinks his discharge should be changed to honorable. The applicant contentions were noted as well as his post-service accomplishments as outlined on the application and the applicant is to be commended on his accomplishments. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. It should be noted by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to join the Massachusetts Army National Guard. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist or join the Army National Guard. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Resume - 2 Pages b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 15 July 2019, 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 post-service accomplishments. 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. 11. 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 AR20190001889 4