1. Applicant's Name: a. Application Date: 4 January 2019 b. Date Received: 8 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to receive Veterans Benefits. The applicant believes that the characterization of service is unjust and did not take into consideration the otherwise honorable service. During the applicant's brief military service, the applicant was twice awarded the Army Achievement Medal for superior job performance and conduct above peers during a period covering twelve (12) of 36 months of service. The applicant believes being denied veterans benefits results in lifelong punishment. In a records review conducted at Arlington, VA on 29 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 / AR 635-200 / Chapter 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 19 May 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 March 2005 (2) Basis for Separation: The applicant was informed of the following reasons: for wrongfully using marijuana between on or about 13 December 2004 and 18 January 2005; Conspiring with another service member to steal US Currency of a value of about $2650.00, the property of Discover Financial Services; and Stealing US Currency of a value of about $2650.00, the property of Discover Financial Services. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 29 March 2005 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board as noted in his Offer to Plead Guilty, dated 29 March 2005. (6) Separation Decision Date / Characterization: The applicant's offer to waive his right to appear before an administrative separation board under the provisions of AR 635-200, Chapter 14, Paragraph 14-12c, for Commission of a Serious Offense, was approved by the separation authority on 12 May 2005 with a characterization of service of Under Other Than Honorable Conditions. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 September 2004 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91W10, Health Care Specialist / 4 years, 8 months, 11 days d. Prior Service / Characterizations: USAR, 15 August 2000 to 26 June 2002 / HD RA, 27 June 2002 to 28 September 2004 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (13 September 2003 to 4 April 2004) f. Awards and Decorations: GWOTEM, GWOTSM, NDSM, KDSM, ASR, OSR, CMB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 22 November 2004, reflects the applicant tested positive for BZE 185 during an Inspection Unit (IU) urinalysis testing conducted on 15 November 2004. FG Article 15, dated 10 December 2004, for wrongfully using cocaine between 8 November 2004 and 15 November 2004. The punishment consisted of reduction to E-1, forfeiture of $596.00 pay per month for two months, and extra duty and restriction for 45 days. Electronic copy of the DD Form 2624, dated 2 February 2005, reflects the applicant tested positive for THC 177 during an Inspection Unit (IU) urinalysis testing conducted on 24 January 2005. Killeen Police Department Incident / Investigation Report, which indicates the applicant was the subject of investigation for Reported Stolen/Forged Checks. Charge Sheet, dated 28 February 2005, for wrongfully using marijuana between on or about 13 December 2004 and 18 January 2005; Conspiring with another service member to steal US Currency of a value of about $2650.00, the property of Discover Financial Services; and Stealing US Currency of a value of about $2650.00, the property of Discover Financial Services. The applicant's request, dated 21 March 2005, voluntarily requesting discharge in lieu of trial by court-martial under AR 635-200, Chapter 10. Stipulation of Facts, dated 28 March 2005, relating to the charges pending against the applicant. Offer to Plead Guilty, dated 29 March 2005. The disapproval memorandum from the separation authority, dated 1 April 2005, which disapproved the applicant's request for a discharge in lieu of trial by court-martial under the provisions of AR 635-200, Chapter 10. Summary Court-Martial, dated 18 April 2005, showing the applicant's sentence of forfeiture of $823.00 pay and confinement for 30 days was adjudged. Counseling statement for failure to comply with Army's Drug and Alcohol Policy. i. Lost Time / Mode of Return: Confinement by Military Authority (Post-Trial Status) 24 days (18 April 2005 to 11 May 2005) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and two award certificates for award of the Army Achievement Medal. 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(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 under other than honorable conditions discharge to general (under honorable conditions). 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 she should have been retained on Active duty. The applicant seeks relief contending that he believes that his characterization of service is unjust and did not take into consideration of his otherwise honorable service. During his brief military service he was twice awarded the Army Achievement Medal for superior job performance and conduct above his peers during a period covering twelve (12) of his 36 months of service. He believes being denied veterans benefits results in lifelong punishment. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The service record indicates the applicant committed several 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. 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 receive Veterans Benefits. 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 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 AR20190002998 1