1. APPLICANT’S NAME: a. Application Date: 16 September 2015 b. Date Received: 18 September 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests his general, under honorable conditions discharge be changed to uncharacterized, change his narrative reason for discharge, and change his reentry eligibility (RE) code. The applicant states, in effect, he would like an upgrade of his discharge for the purpose of being able to reenlist. He contends his discharge was inequitable because it was based on one isolated incident in 28 months of service with no other adverse actions. He was not given a general court-martial or any type of counseling. He has not had any misconduct of any type over the past ten years. He also contends at the time of enlistment he was young and made a very ignorant mistake. Since his discharge he has not touched any form of drugs; he believes if given the chance to reenlist he will prove himself worthy of serving his country. In a records review conducted at Arlington, Virginia on 11 April 2016, and by a 5-0 vote, the Board after carefully examining the applicant’s record of service during the period of enlistment under review determined that the characterization of service was improper based on the circumstances surrounding the discharge (i.e., applicant had served less than 180 days and as such he was still in an entry-level status). Accordingly, the Board voted to grant partial relief in the form of a change to his characterization of service to uncharacterized. 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: 4 March 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 February 2005 (2) Basis for Separation: The applicant was informed of the following reason: testing positive for cannabis use/an illegal drug (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 17 February 2005, the applicant waived his right to consult with legal counsel (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 17 February 2005 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 16 November 2004 / 3 years and 25 weeks b. Age at Enlistment/Education/GT Score: 23 years / GED / NIF c. Highest Grade Achieved/MOS/Total Service: E-1 / None / 3 months and 19 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: There is a positive urinalysis report contained in the record coded; IU (Inspection Unit), dated on 3 January 2005, for THC (46) A negative counseling statement dated 27 January 2005, for testing positive on a urinalysis test and recommendation for a Chapter 14 discharge. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293 and two online applications. 6. POST SERVICE ACCOMPLISHMENTS: None. 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 ISSUE(S): The applicant requests his general, under honorable conditions discharge be changed to uncharacterized, change his narrative reason for discharge, and change his reentry eligibility (RE) code. 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. Also, 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 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 evidence in the record shows the applicant was separated from the Army for misconduct (i.e., testing positive for THC), with a general, under honorable conditions discharge. At the time the unit commander notified the applicant of initiation of discharge proceedings the applicant had completed 3 months and 2 days of active duty service and had a total of 3 months and 19 days at the time he was released from active duty; thus, the applicant had served less than 180 days and as such he was still in entry-level status. The service record indicates someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, characterization of service as general, under honorable conditions. AR 600-200, Paragraph 14-12a addresses minor disciplinary infractions, defined as a pattern of misconduct, consisting solely of minor military disciplinary infractions. Except as provide in paragraph 11-3c, if separation of a Soldier in entry level status is warrant solely by reason of minor disciplinary infractions, the action will be processed under chapter 11. AR 635-200 Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. Chapter 11 of AR 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). An uncharacterized service description is normally granted to Soldiers separating under this chapter. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant seeks relief contending his discharge was inequitable because it was based on one isolated incident with no other adverse actions and he was not give a general court-martial or any type of counseling. Although an isolated 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 an isolated 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 contends at the time of enlistment he was young and made a very ignorant mistake. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. He also contends he has not had any misconduct of any type over the past ten years and has not touched any form of drugs. The applicant’s post-service accomplishments have been noted as outlined on the application and the applicant is to be commended for his accomplishments. The applicant expressed his desire for a change to his RE code for the purpose of being able to reenlist. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. 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 ACTION DIRECTED: a. Issue a new DD-214: Yes b. Change Characterization to: Uncharacterized c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: 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 CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150015077 1