1. Applicant's Name: a. Application Date: 19 November 2018 b. Date Received: 16 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 reestablishing oneself as an honorable member of American Society. The applicant regrets the actions, and believes the applicant is not typically the person that will disregard the law. The applicant believes the incident that caused the discharge will not stop the applicant from achieving current and future goals. In a records review conducted at Arlington, VA on 6 May 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: 2 October 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 August 2009 (2) Basis for Separation: The applicant was informed of the following reasons: for testing positive for marijuana in two unit urinalyses on 26 June and 1 July 2009, and was found to be in wrongful possession of marijuana on 1 July 2009. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 September 2009 (5) Administrative Separation Board: The applicant waive consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 14 September 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 January 2007 / 3 years b. Age at Enlistment / Education / GT Score: 31 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-3 / 68W10, Health Care Specialist / 2 years, 8 months, 22 days (Total service is based on information taken from the DD Form 214 under review) d. Prior Service / Characterizations: USMC, 26 December 1995 to 25 December 1999 / HD CGMCRSC, 26 December 1999 to 24 December 2003 / NIF e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM-2, NDSM, GWOTSM, KDSM, ASR, OSR, Navy Sea Service Deployment Ribbon-2 g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 7 July 2009, for wrongful possession of marijuana. Electronic copy of the DD Form 2624, dated 8 July 2009, reflects the applicant tested positive for THC 1000 during an Inspection Unit (IU) urinalysis testing conducted on 26 June 2009. Electronic copy of the DD Form 2624, dated 8 July 2009, reflects the applicant tested positive for THC>LOL during a Probable Cause (PO) urinalysis testing conducted on 1 July 2009. Report of Mental Status Evaluation, dated 10 July 2009, which indicates the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was mentally responsible for his behavior and could distinguish right from wrong, and possessed sufficient mental capacity. There was no evidence of an emotional or mental disorder of psychiatric significance to warrant disposition through medical channels. PTSD and TBI Screens were negative. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. FG Article 15, dated 22 July 2009, for wrongful use of marijuana on or about 27 May 2009 and or about 26 June 2009, possession of marijuana on or about 1 July 2009, and wrongful use of marijuana between 2 June 2009 and 1 July 2009. The punishment consisted of reduction to E- 1, forfeiture of $699.00 pay per month for two months, and extra duty and restriction for 45 days. 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; self-authored statement; DD Form 214 for a prior period of service in the USMC; letters of recommendation; certificates for award of two AAM's; several certificates of achievement / appreciation, course completion; Joint Services Transcript; and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has built his own tax service business. 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 that he would like an upgrade of his discharge for the purpose of reestablishing himself as an honorable member of American Society. The applicant contends that he regrets his actions, and believes he is not typically the person that will disregard the law. He believes the incident that caused his discharge will not stop him from achieving his current and future goals; since his discharge he has built his own tax service business. The applicant's contentions and his post-service accomplishments has been noted as outlined on the application and the applicant is to be commended on his accomplishment. 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 incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 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 6 May 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 AR20190002006 1