1. Applicant's Name: a. Application Date: 3 December 2019 b. Date Received: 9 December 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is General, Under Honorable Conditions. The applicant requests an upgrade to Honorable. The applicant seeks relief contending, in effect, the offense she was accused of was not true and will provide evidence to prove her innocence. During her time in the Guard, she was faced with some difficult challenges in her life with family, housing, employment transportation and her health. Those challenges led her to make some very unethical decisions. The applicant turned to self-medication and ventured down a destructive path. The applicant wallowed in her despair for a while since there was nothing that she could do was not getting any answers or help. The applicant states, she did not have an income and did not have support and it seemed for every step forward, she was knocked 20 back, which was frustrating. The applicant was determined not to give up and someone told her about AGR positions and she started to look into them. The applicant states, she finally caught a break and was on a better path. She took a leap of faith on a temporary position offer and did a 180 and changed and moved her whole life. A fresh start was exactly what needed. A few months in her past caught up with her and she tried to correct it, but while taking all the steps to fix things she ended up in a foreign land alone. She states, her dream was crushed and she was fighting to get it back, but she was not able to make much progress. The applicant received different answers from different people and was being redirected in different directions and believed she was making no gain. The applicant states that at the time she was still fresh to the new world in a way and since she was a child, she only wanted to do was touch peoples taste buds and watch people's face's light up when they eat something really good from her cooking. In the Army National Guard, she was given the life she always wanted and had her creativity, the resources and the people. The applicant always joked she would join the Army because she was bored. She knows her sense of humor is not for everyone and knows that sometimes she does not have to voice her opinion in the wrong settings. The applicant states it is similar to asking for a raise on a global company call, which is something that is better left unsaid, but she was bored with her life. The applicant states, she was not perfect and had her flaws but she for sure worked harder than she ever before. The applicant's motivation was very high and had high hopes for herself had things been handled differently. The applicant would not have to deal with half the things that enhanced the aforementioned. The applicant states, she believes had she had a mentor like herself when she joined the military, she would have known what to do and what not to do and how to handle certain issues. Growing up she always had to handle things on her own and if someone told her no once, she would figure it out on her own. The applicant states, as an abused homeless 16-year old roaming the streets of Chicago and Indiana, depending on someone else would not be conclusive especially as a female and a single mother. Joining the Army changed her situation and gave her structure and she could do something that she loved while still being able to provide for her son was everything to her. The applicant did not know how to compartmentalize and joined the funeral honors and took on additional AT's and neglected her health and her duties at her unit. The applicant was trying to get a piece of everything the Army had to offer and did not realize she was not in a place to do so successfully, which led to her destructive path. The applicant took on more than she could handle and destroyed herself in the process. The applicant states, she met many of wonderful beautiful people on her journey which has helped her to become the woman she is today. The applicant states, she cannot change the past and would not because the present is wonderful. The applicant has more support, love and encouragement than she had ever had. The applicant has come far because of the Army and regrets her actions deeply and it is something that has been weighing on her for the last four years. The applicant believed she was ignored constantly, but at the end of the day her obliviousness to life as she knows is what placed her in the situation. The applicant states it is similar to the lyrics of a song "If I knew then, what I know now." The applicant has realized there are many things she has missed in the growing process of the professional world and as an adult. Throughout the years, she has been working with the people she has met along the way, who listened and pushed her to not let her past stop her again. The applicant has learned much and is appreciative for the opportunity she was presented. The applicant states, she contacted several persons to request an upgrade through the State, but continued to receive conflicting or unclear information on how to request an upgrade. She has made several calls and left voice messages that went unanswered and now is unsure what to do to request an upgrade. In a records review conducted on 5 May 2021, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. Please see Section 9 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Use of Illegal Drugs / AR 135-178 / Chapter 11-1(d) / NIF / NIF / General (Under Honorable Conditions) b. Date of Discharge: 28 August 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 September 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On 23 July 2017, she tested positive for THC 116, during a urinalysis. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 September 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 July 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 August 2014 / 8 years (ARNG) b. Age at Enlistment / Education / GT Score: 21 / 1-year college / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Specialist / 4 years, 10 days d. Prior Service / Characterizations: IADT, 26 January 2015 - 23 July 2015 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: ILMAR, ARCOM, NDSM, ASR, NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Form, dated 10 September 2017, for positive urinalysis for THC. Army Substance Abuse Program (ASAP) Discharge / Rehab, 8 May 2018, reflects the applicant tested positive a second time in March 2018. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD, TBI, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. (2) Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. c. Army Regulation 15-180 (Army Discharge Review Board), dated 25 September 2019, sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. a. Army Regulation Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. (1) The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time- honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. (2) Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. b. Chapter 11-1(d) states a Soldier may be discharged for misconduct when it is determined under the guidance set forth in chapter 2, section I, that the Soldier is unqualified for further military service by reason of abuse of illegal drugs or alcohol. Illegal drug use is serious misconduct. Separation action normally will be based upon commission of a serious offense. However, relevant facts may mitigate the nature of the offense. Therefore, a single drug offense may be combined with one or more disciplinary infractions or incidents or other misconduct and processed for discharge under paragraph 11-1a or 11-1b, as appropriate. 8. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. Separation documents indicates applicant was discharged under the provisions of AR 135-178 / Chapter 11-1(d) with a characterization of service of General, Under Honorable Conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant contends she is innocent of the accused offense. The applicant contends she began using illegal drugs to help her cope with her despair. The applicant contends she was having personal issues that affected her behavior and ultimately caused her to be discharged. The applicant contends she had good service. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? (NO) The ADRB's Medical Advisor reviewed the applicant's DOD health record, and found no indication of any BH conditions or other experiences, and applicant did not present any BH conditions as an issue. (2) Did the condition exist or experience occur during military service? NA (3) Does the condition or experience actually excuse or mitigate the discharge? NA (4) Does the condition or experience outweigh the discharge? NA b. Response to Contentions: (1) The applicant contends she is innocent of the accused offense. The applicant's record consists of pertinent separation documents with supportive evidence that she failed a second urinalysis after successfully completing a rehabilitation program. 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. (2) The applicant contends she began using illegal drugs to help her cope with her despair. The applicant's record contains no evidence of behavioral health diagnosis and the applicant did not submit any evidence to support the contention the discharge was the result of any medical condition. (3) The applicant contends she was having personal issues that affected her behavior and ultimately caused her to be discharged. There is no evidence in applicant's record that she sought assistance before committing the misconduct. (4) The applicant contends she had good service. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. c. The ADRB determined that the applicant's characterization of service was proper and equitable due to applicant failing a second urinalysis after successful completing a 32-hour substance abuse rehabilitation program at Pilsen Wellness Center, Inc. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The board voted not to change the applicant's characterization of service because there are no issues of mitigation and the applicant failed to present any new evidence that support an upgrade. (2) The Board voted not to change the applicant's reason for discharge because, despite applying liberal consideration, there were no BH diagnoses which mitigated the misconduct and the reason the applicant was discharged was both proper and equitable. (3) Because the characterization and reason were not changed, the SPD/RE codes will not change, as the current codes are consistent with the procedural and substantive requirements of the regulation. 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 AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma NA - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Reentry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20200008599 1