1. Applicant's Name: a. Application Date: 15 January 2019 b. Date Received: 22 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 go to college and change life and hopefully others as well. The applicant contends that the reason that led to discharge was partially the applicant's fault, but also the new company at the time. The applicant made some very poor decisions in the past and is trying to better oneself and life. The applicant could have a bright future if given the opportunity to get a college degree, but cannot afford it. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Alcohol Use Disorder, Cannabis Dependence, Hallucinogen Dependence, and Sedative/Hypnotic or Anxiolytic Dependence. VA records only contain DoD content. In summary, the applicant did not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 12 August 2019, 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 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 31 August 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 July 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for failure to go to his appointed place of duty on 3 January 2017, 18 January 2017, 19 January 2017, 20 January 2017, and 16 February 2017; Failing to obey a lawful order and making a false official statement on 16 February 2017; Failing to stay awake during his guard at Chicken Road as it was his duty to do on 26 February 2017; Wrongfully using marijuana between 4 February 2017 and 6 March 2017; Wrongfully using cocaine between 5 March 2017 and 11 March 2017; and Wrongfully using Xanax between 4 March 2017 and 11 March 2017 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 July 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 July 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 July 2015 / 5 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-3 / 31B10, Military Police / 2 years, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 30 March 2017, reflects the applicant tested positive for THC 21 during an Probable Cause (PO) urinalysis testing conducted on 6 March 2017. Electronic copy of the DD Form 2624, dated 7 April 2017, reflects the applicant tested positive for AHAL 417 COC 8401 during an Probable Cause (PO) urinalysis testing conducted on 11 March 2017. CG Article 15, dated 24 March 2017, for failure to go to his appointed place of duty on 3 January 2017, 18 January 2017, 19 January 2017, (x 2) 20 January 2017, and 16 February 2017; failing to obey a lawful order by wrongfully ignoring the texts and call and getting a tattoo from CPL N.M and with intent to deceive, made to CPL N.M., an official statement, which statement was totally false in the he actually was getting a tattoo on 16 February 2017; and was derelict in the performance of his duties by failing to stay awake during his guard at Chicken Road ACP, as it was his duty to do on 26 February 2017. The punishment consisted of reduction toe E-2, forfeiture of $418.00 pay and extra duty and restriction for 14 days. FG Article 15, dated 2 June 2017, for wrongfully using marijuana between 4 February 2017 and 6 March 2017; wrongfully using cocaine between 5 March 2017 and 11 March 2017; and wrongfully using Xanax between 4 March 2017 and 11 March 2017. The punishment consisted of reduction to E-1, forfeiture of $350.00 pay, extra duty for 30 days, and restriction for 45 days. Law Enforcement Reports dated 2 May 2017, showing the applicant was the subject of investigation for wrongful use of marijuana; and 5 May 2017, wrongful use of cocaine and Xanax. Counseling statements for acts of misconduct related to drugs and separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 11 May 2017, shows the applicant screened positively for substance use and that the applicant was enrolled in SUDCC. The applicant screened positively for depression and further evaluation was completed. Symptoms did not constitute matters in extenuation that related to the basis of administrative separation (did not significantly contribute to the reason for separation). No further evaluation was warrant at that time. The applicant was mentally responsible, could distinguish right from wrong and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. The applicant was psychologically cleared for any administrative action deemed appropriate by the separation authority. 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(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 a general (under honorable conditions) 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 being able to go to college and change his life and hopefully others as well. The applicant contends that the reason that led to his discharge was partially his fault but also his new company at the time. He made some very poor decisions in his past and is trying to better himself and his life. He knows he could have a bright future if given the opportunity to get a college degree and he cannot afford it on his own. The applicant's contentions were noted; however, 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. Also, 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 12 August 2019, 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 AR20190003231 1