1. Applicant's Name: a. Application Date: 22 February 2019 b. Date Received: 25 February 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, the discharge was inequitable. The misconduct was a one-time incident and does characterize the entirety of service. After the applicant was notified of pending separation action, the applicant continued to serve honorably. The applicant believes that the actions and attitude for the 13 months prior and after being notified of pending separation, shows that the service should have been characterized as honorable. In a records review conducted at Arlington, VA on 20 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: Unacceptable Conduct / AR 608-8-24, Paragraphs 4-2b / JNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 16 July 2018 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 24 April 2012 (2) Basis for Separation: The applicant was required to show cause for retention on active duty under the provisions of AR 600-8-24, paragraph 4-2(b) due to his misconduct, moral, or professional dereliction and paragraph 4-2(c) due to adverse information filed in his Army Military Human Resource Record (AMHRR). He was notified of the following reasons: personal misconduct; he wrongfully used cocaine, schedule II controlled substance in violation of 112a, UCMJ. His misconduct resulted in him receiving a General Officer Article 15, UCMJ, non- judicial punishment, dated 19 April 2017, which was filed in the restricted section in his AMHRR (2 March 2017); and conduct unbecoming an officer and a gentleman; he engaged in conduct unbecoming an officer as indicated by the above-referenced General Officer Article 15, UCMJ, non-judicial punishment and the misconduct described in paragraph 2, above. The applicant received a negative counseling statement for various flagging actions and other non- favorable personnel actions. (3) Recommended Characterization: General (Under Honorable Conditions) On 3 August 201, DA, The Commanding General; Headquarters, 3rd Infantry Division and Fort Stewart, Fort Stewart, GA, recommended the applicant's discharge from the Army under the provisions of AR 600-8-24, paragraphs 4-2(b) and 4-2(c), because of misconduct, moral or professional dereliction and because of adverse information filed in his AMHRR with a characterization of service of general (under honorable conditions). (4) Legal Consultation Date: The evidence of record contains the applicant's unexecuted elections of rights and government regularity is presumed in the discharge process. (5) Administrative Separation Board/ BOI: The applicant was a probationary officer and not entitled a BOI. (6) Separation Decision Date / Characterization: On 21 June 2018, The Department of the Army Ad Hoc Review Board has reviewed the Probationary Officer Elimination Case on the applicant. The Deputy Assistant Secretary of the Army (Army Review Boards) have determined he will be involuntarily eliminated from the United States Army with a General (Under Honorable Conditions) characterization of service. This elimination is based on both misconduct and moral or professional dereliction (Army Regulation 600-8-24, paragraph 4-2b), and derogatory information (Army Regulation 600-8-24, paragraph 4-2c). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 January 2016 / 4 years / OAD / block 12a on the applicant's DD Form 214 dated entered active duty this period is incorrect, should read as annotated in the Case Report and Directive. See active duty orders 139-061. b. Age at Enlistment / Education / GT Score: 22 years / BS Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-1 / 25A, Signal, General / 6 years, 6 months, 25 days d. Prior Service / Characterizations: ARNG, 25 January 2012 to 30 April 2012 / NA IADT, 1 May 2012 to 17 August 2012 / HD ARNG, 18 August 2012 to 3 February 2014 / HD USARG ROTC, 4 February 2014 to 9 May 2015 / NA Appointed 2LT USAR 28 December 2015 to 3 January 2016 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: 2 June 2016 to 5 April 2017, Not Qualified 5 April 2017 to 4 April 2018, Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IR (Inspection Random), dated 2 March 2017, for cocaine. Report of Mental Status Evaluation, dated 30 March 2017, revealed the applicant met the retention requirements in accordance with AR 40-501, Standards of Medical Fitness, however, he has demonstrated misconduct that interferes with success in the military environment. He endorses distress related to potential separation and legal problem, and would potentially benefit from behavioral health treatment. He was enrolled in ASAP. He was screened for PTSD and mTBI in accordance with OTSG / MEDCOM policy Memo 10-040, results for both were negative. He did not meet Medical Readiness Decision Point, and therefore he was cleared for separation / board of inquiry in accordance with AR 600-8-24 from a psychiatric standpoint at this time. GO Article 15, dated 24 April 2017, for wrongful use of cocaine (2 March 2017); forfeiture of $1,909 pay for two months and a written reprimand. GO punitive reprimand, dated 24 April 2017, for wrongfully using cocaine. The applicant received a negative counseling statement for various flagging actions and other misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and five character statements. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant's unacceptable conduct diminished the quality of his service below meriting an honorable discharge at the time of separation. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained on active duty. The applicant seeks relief contending, his discharge was inequitable. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was inequitable. The applicant further contends, his misconduct was a one-time incident and does characterize the entirety of his service. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization of service. The applicant also contends, after he was notified of his pending separation action, he continued to serve honorably. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered. The applicant also contends, he believes that his actions and attitude for the 13 months prior and after being notified of his pending separation, shows that his service should have been characterized as honorable. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in an Army Officer. The applicant, as an officer 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 at the time of separation. The third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 20 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 AR20190003488 1