1. Applicant's Name: a. Application Date: 15 February 2019 b. Date Received: 19 February 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, disagrees with the consequences of the misconduct. The applicant received the punishment at a time when the Army was drawing down its numbers and knew immediately that the actions would be the cause of a premature ending of a military career. Due to the Article that was brought to the applicant's attention in the Army Times stating that in the first half of 2018 that upwards of 30 percent of enlistees had received drug or conduct waivers. This was allowing thousands of people to get a second chance at living a life that they would not have otherwise had. While the applicant had committed the same offense as some of those people the Army did not give the applicant a second chance. One of the biggest regrets in life is that the applicant smoked marijuana while in the Army. However the applicant had several great things happen to since discharge. The applicant was able to support an Aunt while she was undertaking chemotherapy by taking her to appointments and providing her with moral support. The applicant helped a best friend as the friend opened and ran a successful Sushi restaurant (Stop and Roll), for two years. The applicant has maintained a steady full time job for the past three years at a vape shop, e-Cig City. Most importantly, the applicant has met a woman who the applicant had a very successful relationship with. It is her and her son that have been the primary motivation to request an upgrade of discharge. The applicant would like to be able to provide them with the support that a veteran with full benefits can. 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 Abuse and Cannabis Abuse. The VA has diagnosed the applicant with PTSD. In summary, the applicant has 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 13 May 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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: 16 December 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 October 2011 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully testing positive for marijuana between 1 May 2011 and 30 May 2011 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 October 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 November 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 February 2010 / 6 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 3 years, 8 months, 29 days d. Prior Service / Characterizations: RA, 18 March 2008 to 22 February 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq (16 December 2009 to 10 December 2010) f. Awards and Decorations: ARCOM-3, AAM, MUC, AGCM, NDSM, GWOTSM, ICM- CS, NOPDR, ASR, OSR, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 17 June 2011, reflects the applicant tested positive for THC 55 during an Inspection Unit (IU) urinalysis testing conducted on 31 May 2011. FG Article 15, dated 1 August 2011, for the wrongful use of marijuana between 1 May 2011 and 30 May 2011. The punishment consisted of reduction to E-3, forfeiture of $975.00 pay per month for two months, extra duty and restriction for 45 days, and oral reprimand. Report of Mental Status Evaluation, dated 22 July 2011, which indicates the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was psychiatrically cleared for Chapter 14-12c consideration per his command. Counseling statement for the use of marijuana. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. The applicant makes reference to submitting other documents with his application, however these documents were not enclosed with his application. 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 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 received his punishment at a time when the Army was drawing down its numbers and he knew immediately that his actions would be the cause of a premature ending of his military career. Due to the Article that was brought to his attention in the Army Times stating that in the first half of 2018 that upwards of 30 percent of enlistees had received drug or conduct waivers. This was allowing thousands of people to get a second chance at living a life that they would not have otherwise had. While he had committed the same offense as some of those people the Army did not give him a second chance. One of his biggest regrets in life wat that he smoked marijuana while in the Army. However he had several great things happen to him since his discharge. He was able to support his Aunt while she was undertaking chemotherapy by taking her to her appointments and providing her with moral support. He helped his best friend as he opened and ran a successful Sushi restaurant (Stop and Roll), for two years. He has maintained a steady full time job for the past three years at a vape shop, e-Cig City. Most importantly for him, he has met a woman who he had a very successful relationship with. It is her and her son that have been his primary motivation to request an upgrade of his discharge. He would like to be able to provide them with the support that a veteran with full benefits can The applicant's contentions were noted; as well as his post-service accomplishments, and the applicant is to be commended on his post-service accomplishments. However, although the applicant believes he should have been given a second chance as others; the applicant should be aware, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable The applicant committed a discrediting offense, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. 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. By regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 13 May 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / RE-3 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 AR20190004076 4