1. Applicant’s Name: a. Application Date: 1 June 2015 b. Date Received: 5 June 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, the circumstances surrounding his discharge were questionable. The applicant states that he received one Article 15 in 2013; however, prior to and after that, he had not received so much as a negative counseling statement. He was discharged for a pattern of misconduct a year and a half later, just three months shy of his ETS, which he believes was wrong and unjustified. In a records review conducted at Arlington, VA on 19 August 2016, 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, Paragraph 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 11 December 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 May 2014 (2) Basis for Separation: The applicant tested positive for Oxymorphine. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 10 June 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 19 June 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 17 March 2010 / 5 years b. Age at Enlistment/Education/GT Score: 23 / HS Graduate / 128 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 4 years, 8 months, and 25 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (13 November 2010 – 8 November 2011) f. Awards and Decorations: AAM, NDSM, GWTSM, ICM- CS, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Electronic copy of the DD Form 2624, dated 3 January 2013, reflects the applicant tested positive for oxymorphine during an Inspection Random (IR) urinalysis testing conducted on 11 December 2012. CID Report, dated 23 April 2013, reflects the applicant was the subject of an investigation for testing positive for oxymorphine during a unit urinalysis conducted on 11 December 2012. FG Article 15, dated 18 June 2013, for wrongfully using oxymorphine (on or about 10 December 2012) and signing an official document, which was totally false and was then known by him to be false (5 April 2013). The punishment received is not noted on the document. Electronic copy of the DD Form 2624, dated 21 June 2013, reflects the applicant tested positive for oxymorphine during an Inspection Random (IR) urinalysis testing conducted on 12 June 2013. FG Article 15, dated 27 August 2013, for wrongfully using oxymorphine (between 9 June 2013 and 12 June 2013). The punishment consisted of a reduction to E-3, forfeiture of $1000.00 pay per month for two months (suspended), and 45 days extra duty. DA Form 3822 (Report of Mental Status Evaluation), dated 5 January 2014, reflects the applicant could understand and participate in administrative proceedings and that he appreciated the difference between right and wrong Several DA Forms 4856 (Developmental Counseling), dated between 23 January 2013 and 25 April 2014, for testing positive for oxymorphine during two separate urinalysis testing and initiation of separation proceedings for multiple drug offenses in violation of Article 112a, UCMJ. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 1 June 2015; DD Form 214; self-authored statement; and four letters of support. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant’s record of service, the documents and the issues submitted with the 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 appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for misconduct (drug abuse) is “JKK” and the RE code is 4. The regulation further stipulates no deviation is authorized. 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. The applicant contends that the circumstances surrounding his discharge were questionable. He received one Article 15 in 2013; however, prior to and after that, he had not received so much as a negative counseling statement. He was discharged for a pattern of misconduct a year and a half later, just three months shy of his ETS, which he believes was wrong and unjustified. The applicant’s contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharge. In fact, evidence in the record shows separation action was initiated against the applicant after he tested positive for Oxymorphine with a narrative reason of misconduct (drug abuse). The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. Furthermore, although the applicant claims a single incident of misconduct, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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. 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 19 August 2016, 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 SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010122 1