1. Applicant's Name: a. Application Date: 16 July 2019 b. Date Received: 17 October 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, an upgrade would allow him to receive 100 percent of his GI Bill benefits that he believes he deserves for his six years of continuous service. The applicant states, he was discharged due to a mistake when he had five years in service. The accepts full responsibility for his mistake, but he wants to continue to benefit from his Time in Service and use his GI Bill benefits, which he was only awarded 70 percent. The applicant states the issue was a result of re-enlisting before his first contract ended. The applicant reenlisted in July 2015 for three years and he had an additional year to wait before he would permanently change of station. The 70 percent GI Bill benefit rating is based on the two years and three months prior to his reenlistment, which did not counting the remaining four years Time in Service. The applicant fulfilled his initial contract of three years and 16 weeks, with honorable service, but he only being rewarded with two years and three months of honorable service according to his contract dates. The applicant states, he made a career fatal mistake one night after dealing with some personal issues, which was the only mishap in his untainted career. An upgrade will allow him to receive additional benefits, which will allow him to continue chasing his dream of receiving a bachelor's of science in nursing after being discharged as a combat engineer sapper. The applicant requests the Board overlook make a decision based on the seriousness of his mistake and his current career goal, with the understanding that everyone deserves a second chance. 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 Adult psychological abuse; Cocaine Abuse. The applicant is 40% service connected for non-BH conditions. The VA has also diagnosed the applicant with Trauma and Stressor Related Disorder. In summary, the applicant does 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 16 October 2020, and by a 4-1 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: 15 June 2019 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant's service is void of the complete facts and circumstances surrounding his separation; however, the Commander's Report, dated 14 January 2019, reflects the specific reason for separation: Between on or about 16 February 2018 and on or about 20 February 2018, the applicant wrongfully used cocaine. (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 July 2015 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-5 / 12B10, Combat Engineer / 6 years, 1 month, 10 days d. Prior Service / Characterizations: RA, 6 May 2013 - 28 July 2015 / HD e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: AAM-2, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: 1 March 2016 - 7 November 2016 / Most Qualified 21 November 2016 - 1 March 2017 / Qualified 2 March 2017 - 3 April 2018 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 5 March 2018, reflects the applicant tested positive for COC 256 (cocaine), during an Inspection Random (IR) urinalysis testing, conducted on 20 February 2018. Law Enforcement Report - Initial - Final, dated 12 March 2018, reflects the applicant tested positive for Cocaine on a urinalysis inspection. About 1043, 8 March 2018, Special Agent A. V. advised the applicant of his rights, which he waived and admitted he consumed Cocaine at Addiction Night Club, Honolulu, Hawaii. FG Article 15, dated 28 March 2018, for wrongfully using cocaine (between 16 and 20 February 2018). The punishment consisted of a reduction to E-4; forfeiture of $1,245 pay per month for two months; and, extra duty for 45 days. . i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149. 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 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 marred the quality of his service. The record confirms that 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 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 contends the event that caused his discharge from the Army was an isolated incident. 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. The applicant contends that he was having personal issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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 16 October 2020, and by a 4-1 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 / 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 AR20190013551 1