1. Applicant's Name: a. Application Date: 2 January 2019 b. Date Received: 7 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade an under other than honorable conditions discharge to general (under honorable conditions) and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, the request is based on needing benefits for the family. The incident that led to discharge was the only poor decision the applicant made and is deeply ashamed. Despite, the applicant still served the country proudly. In a records review conducted at Arlington, VA on 6 May 2020, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service and 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 general under honorable conditions. 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: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 30 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 May 2013 (2) Basis for Separation: The applicant was informed of the following reasons, under the provisions of AR 135-178, (then) Chapter 12, paragraph 12-1d (which currently, due to major revision of AR 135-178, dated 7 November 2017, is Chapter 11, paragraph 11-1d): The applicant tested positive for THC on 10 March 2013, an abuse of illegal drugs. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Incomplete / Failed to respond with election of rights (5) Administrative Separation Board: Waived all rights by failing to respond to notification sent to the applicant on 3 May 2013. (According to AR 135-178, paragraph 2-9c(4), "a discharge with service characterized as [UOTHC] may be issued without board action if the [applicant] waives [his] right to board action." Paragraph 3-11a(12) provides that "[t]he right to waive the rights of paragraphs 3-11a(4)-(10), in writing ... after being afforded a reasonable opportunity to consult with counsel, and that failure to respond within 30 calendar days from the date of receipt of the notification memorandum ... will constitute a waiver of the right.") (6) Separation Decision Date / Characterization: 13 August 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 August 2011 / 8-year MSO, with 6 years in Selected Reserve b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92R1P, Parachute Rigger / 2 years, 28 days d. Prior Service / Characterizations: USAR (3 August 2011 to 17 October 2011) / NA IADT (18 October 2011 to 18 May 2012) / HD USAR (19 May 2012 - Continuous Service) e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An Electronic Copy of the DD Form 2624 (Specimen Custody Document - Drug Testing), dated 22 March 2013, indicates the specimen collected on 10 March 2013, on an "IU" (Inspection, Unit) basis, provided by the applicant, tested positive for "THC." i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 2 January 2019. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve. Chapter 11 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, and convictions by civil authorities. 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. 8. DISCUSSION OF FACT(S): The applicant requests to upgrade his under other than honorable conditions discharge to general (under honorable conditions) and to change the narrative reason for his discharge. The applicant's available record of service and the issues 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, as a Soldier, had the duty to support and abide by the Army's drug policies. By the serious incident of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the US Army Reserve. 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 US Army Reserve. The applicant contends that an upgrade and changes to his discharge would provide benefits for his family. However, eligibility for veterans' 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 applicant contends the incident that caused his discharge was the only poor decision he made in his Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant requests to change the narrative reason for his discharge. However, the applicant's discharge orders from the Reserve component provides no provision for a narrative reason, except the authority is AR 135-178. According to AR 635-8 (Separation Processing and Documents), paragraphs 2-3d and f, USAR produces separation orders for US Army Reserve Soldiers not on active duty, and Soldiers separating from an inactive duty status do not receive a DD Form 214, respectively. 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 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 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service and 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 general under honorable conditions. 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: General Under Honorable Conditions 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 AR20190002939 1