1. Applicant’s Name: a. Application Date: 24 June 2015 b. Date Received: 28 August 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 his separation. The applicant states, in effect, he remembered having some cookies at a wedding reception and he did not know the cookies contained marijuana (A legal substance for recreation use in Alaska), and this was the only time he ever showed positive for drug use in six years he served in the military. He served his country during the war on terrorism, placed in imminent danger and was decorated with numerous awards. His punishment was extreme and makes it difficult for him to pursue the positive things he would like to do in the future. He would also like to get his CDL license and this discharge will make it difficult for him to obtain it. This was a onetime offense and not in fact abuse as indicated on his DD Form 214. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health condition(s) for the offense which led to his separation from the Army. The Active Duty electronic medical records were reviewed. In a personal appearance conducted at Arlington, VA on 25 July 2016, and by a 4-1 vote, the Board determined the discharge is now inequitable. The Board found the overall length and quality of the applicant's service, his personal testimony, the extenuating circumstances, and his post service accomplishments mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable, SPD Code to JFF, AR 635-200, paragraph 5-3, and a change to the reentry eligibility (RE) code to 3. No change to the Narrative Reason. (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: 4 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 April 2015 (2) Basis for Separation: On 30 January 2015, during a unit conducted urinalysis, he tested positive for marijuana. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 15 April 2015 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 22 April 2015 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 27 January 2012 / 4 years b. Age at Enlistment/Education/GT Score: 24 / HS Graduate / 87 c. Highest Grade Achieved/MOS/Total Service: E-4 / 12N10, Horizontal Construction / 92G10, Food Service Specialist / 6 years, 9 months, and 15 days d. Prior Service/Characterizations: RA, 20 August 2008 – 26 January 2012 / HD e. Overseas Service/Combat Service: SWA / Qatar (19 January 2011 – 9 January 2012) f. Awards and Decorations: ARCOM 2, AAM 2, NDSM, GWTSM, ASR 2, OSR 3, MUC g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Article 15, dated 17 March 2015, for wrongfully using marijuana on or about 13 November 2014 and on or about 12 December 2014. The punishment consisted of a reduction to E-2, forfeiture of $86.00 pay, 45 days of extra duty and restrictions, and an oral reprimand. (FG). Counseling statement, dated 21 January 2015, for testing positive for 24 monograms of THC on the urinalysis conducted on 12 December 2014. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DD Form 2807-01 dated 17 February 2015, section 29 states applicant went to behavioral health because he was feeling depressed. DA Form 2697, dated 24 March 2014, section 20, states zero limitations of sig medical/psych conditions. (DA Form 2697 dates are erroneous; the front page date, 24 February 2015, does not coincide with the back page date, 24 March 2014.) 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, DD Form 214, congratulations sheet dated 15 May 2015, Prime for Life Certificate dated 11-13 February 2015, five discharge memorandums dated between (14 April 2015 – 22 April 2015), DA Form 2627 dated 17 March 2015, DA Form 4856 dated 21 January 2015, positive urinalysis result notification dated 9 December 2015, electronic copy of DD Form 2624 dated 8 January 2015, DD Form 2807-1 dated 17 February 2015, DD Form 2216E, DD Form 2697 dated 24 February 2015, DD Form 2808 dated 24 March 2015, DA Form 3822 dated 2 March 2015, DA Form 268, ERB, internet printout “Marijuana Is Now Officially Legal in Alaska” dated 24 June 2015. 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). 8. DISCUSSION OF FACT(S): The applicant requests to upgrade his general, under honorable conditions discharge to honorable and a change to the narrative reason for his separation. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special 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 that ultimately caused his discharge from the Army. The applicant contends, he remembered having some cookies at a wedding reception and was not aware that the cookies contained marijuana (A legal substance for recreation use in Alaska), and this was the only time he ever tested positive for drug use in six years he served in the military. Although a single incident, 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 applicant also contends, he served his country during the war on terrorism, placed in imminent danger and was decorated with numerous awards. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incident of misconduct or by the negative counseling statement and the documented action under Article 15 of the Uniform Code of Military Justice. The applicant further contends, his punishment was extreme and makes it difficult for him to pursue the positive things he would like to do in the future. He would also like to get his CDL license and this discharge will make it difficult for him to obtain it. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 unfairly discharged. In fact, the applicant marred the quality of his service by receiving a FG Articles 15 UCMJ for testing positive for marijuana. 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. The applicant contends, that the narrative reason for his discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge. 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 applicant initiating memorandum signed by the commander reflects the reason for his proposed action are: On 30 January 2015, during a unit conduted urinalysis, the applicant tested positive for marijuana. The applicant Article 15 dated 17 March 2015 reflects wrongfull use of marijuana between on or about 13 November and on or about 12 December 2014. The memorandum for commander subject: Positive Urinalysis Result Notification is dated 9 December 2015 (Service Member ETS date is 4 June 2015), and DA Form 2624 item number 6 reflect, specimen collected on 12 December 2014. The initiation memorandum stating the applicant tested positive for marijuana on the urinalysis is conflicting with the date on the applicant Article 15 and the DA Form 2624. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: 1. TRP Enterprises, Inc. letter, dated 25 September 2014 – 1 page 2. Certificate of Achievement Hickory Regional Truck Driving School, dated 3 June 2016 – 1 page 3. Academic Record – 2 pages 4. DD Form 2808, Report of Medical Examination – 3 pages 5. DD Form 2807, Report of Medical History – 3 pages 6. Memorandum for Commander, dated 5 August 2014 – 1 page 7. Martial Arts Certificate – 3 pages 8. SF/SERE/SAPPER/Airborne/Ranger Physical – 7 pages 9. Ironwork/Welding Certificate – 1 page b. The applicant presented the following additional contentions: Change RE-Code and narrative reason c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance conducted at Arlington, VA on 25 July 2016, and by a 4-1 vote, the Board determined the discharge is now inequitable. The Board found the overall length and quality of the applicant's service, his personal testimony, the extenuating circumstances, and his post service accomplishments mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable, SPD Code to JFF, AR 635-200, paragraph 5-3, and a change to the reentry eligibility (RE) code to 3. No change to the Narrative Reason. 11. 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: JFF, AR 635-200, paragraph 5-3, RE-Code to 3 e. Restore (Restoration of) Grade to: NA 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 AR20150014758 5