1. Applicant’s Name: a. Application Date: 10 June 2015 b. Date Received: 15 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 the narrative reason for separation. The applicant states, in pertinent part and in effect, he was not found guilty of the misconduct (drug abuse), because he did not accept an Article 15 for the use of “Anabolic Steroid” while in Bagram Airfield, Afghanistan, instead he demanded a trial by court-martial. He felt the evidence was insufficient as he was taking supplements that he ordered from a credible online source. After a few months the court-martial charge was dropped but his command proceeded with a chapter, which his legal counsel had a feeling that would happen due to the lack of evidence and invalid findings. He believes the reentry (sic) code should be changed to “JKM” instead of “JKK,” for misconduct, other, versus misconduct, drug abuse because he should not be categorized the same as someone who use cocaine, or heroin while in the Army. He had meritorious service—he served two combat tours in Afghanistan, where he earned an Army Commendation Medal w/Valor as an E-3. He always maintained his physical fitness, expert marksmanship, attended NCOES, and earned the rank of sergeant within two and half years of service. In a records review conducted at Arlington, VA on 26 August 2016, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (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: 5 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 May 2015 (2) Basis for Separation: The applicant wrongfully used anabolic steroids, a schedule III controlled substance (between 1 March 2014 and 21 July 2014). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 20 May 2015 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 27 May 2015 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 6 December 2012 / 5 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 94 c. Highest Grade Achieved/MOS/Total Service: E-5 / 11B20, Infantryman / 4 years, 1 month, 24 days d. Prior Service/Characterizations: RA (12 April 2011 – 5 December 2012) / HD e. Overseas Service/Combat Service: SWA / Afghanistan (24 April 2012 – 16 December 2012), (7 February 2014 – 27 October 2014) f. Awards and Decorations: ARCOM-V Device, AAM, AGCM, NDSM, ACM-CS, GWTSM, NCOPDR, ASR, NATO Medal, CIB g. Performance Ratings: 1 November 2013 – 8 October 2014, Marginal h. Disciplinary Action(s)/Evidentiary Record: Memorandum, dated 26 July 2014, Subject; Determination of Probable Cause Regarding Urinalysis, rendered by a brigade judge advocate, indicates a sworn statement that provided credible evidence by a Soldier had identified the applicant had either ingested, injected, or possessed illegal steroids, and opined that probable cause existed for the command to conduct a command-directed urinalysis. CID Report, dated 28 July 2014, indicates the applicant and several Soldiers were the subject of an investigation for wrongful possession of a controlled substance. Results Report, dated 7 October 2014, indicates the applicant tested positive for (illegible marking) or drug tested code as “S” (Steroids), during a urinalysis conducted on 21 July 2014, on a “PO” (Probable Cause) basis. Negative counseling statements for being flagged for a legal investigation and urinalysis yielding positive results for steroid use. Report of Mental Status Evaluation, dated 3 December 2014, indicates the applicant was psychiatrically cleared for administrative actions deemed appropriate by his command. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 10 June 2015; DD Form 214; counsel letter, dated 15 January 2015; listing of products and ordering message, dated 12 June 2014; supplement non-availability article, print date of 14 January 2015; article on HR 4771; memorandum for record, dated 13 February 2015, subject; Consultation with Dr. [AJ] on Positive Steroids Urinalysis Results; and two DA Forms 638 (Recommendations for Award), dated 17 September 2012 and 19 August 2012. 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, paragraph 14-12c(2), 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 the narrative reason for separation. The applicant’s record of service, and the issues and documents submitted with his application were carefully reviewed. 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, as an NCO, 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 applicant’s contentions were carefully considered. 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. In consideration of the applicant’s service accomplishments and the quality of his service prior to, during, and subsequent to the incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service or to change the narrative reason for his discharge. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 26 August 2016, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20150010340 1