1. Applicant's Name: a. Application Date: 15 November 2015 b. Date Received: 19 November 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. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would allow him to attend college and obtain a good career so that he may provide for his son. He regrets the mistake he made towards the end of his enlistment. Per the Board's Medical Officer, based on the information available for review at the time, and the AHLTA and electronic VA medical records were reviewed. The applicant was seen by Behavioral Health 4-5 times. Diagnosed with Impulse Control Disorder, Adjustment Disorder with depressed mood, Alcohol Dependence and Cannabis Abuse. The applicant also followed by ASAP after initial positive urinalysis. VA records contain only AHLTA information. Based on the available information, the applicant does not have a mitigating behavioral health condition for the offenses leading to his discharge from the Army. In a records review conducted at Arlington, VA on 10 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. (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-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 February 2014 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully used marijuana (between 14 and 21 November 2013); and, failed to be at his appointed place of duty at the prescribed time, failed to obey orders, and he lied to an NCO on divers occasions (between 19 July 2012 and 25 November 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 7 February 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 February 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 February 2011 / 3 years, 24 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91C10, Utilities Equipment Repairer / 3 years, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 13 November 2013, for being disrespectful in language towards an NCO (7 August 2013) and making a false official statement (23 September 2013). The punishment consisted of a reduction to E-2, forfeiture of $848 (suspended), and 45 days of extra duty and restriction. Electronic copy of the DD Form 2624, dated 27 November 2013, reflects the applicant tested positive for marijuana during an Inspection Random (IR) urinalysis testing conducted on 21 November 2013. Record of Supplementary Action Under Article 15, UCMJ, dated 12 December 2013, indicates the suspended punishment of forfeiture of $849 imposed on 13 November 2013, was vacated because the applicant failed to be at his appointed place of duty at the prescribed time on 25 November 2013. Negative counseling statements for failing barracks inspection; failing to be at his appointed place of duty at the prescribed time on numerous occasions; missing his appointments; missing movements; being recommended for a FG Article 15; being AWOL; failing to obey an order; using illegal substance; lying to an NCO; failing to follow instructions; disrespecting an NCO; lying to a commissioned officer; having a visitor in his room without signing the person in the visitors' log; not completing an assigned task; i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 10 January 2014, reflects the applicant was diagnosed with (Axis I) alcohol dependence, cannabis abuse, adjustment disorder with depressed mood, and history of impulse control disorder. The evaluation psychiatrically cleared him for any administrative action deemed appropriate by his command. Report of Medical History, undated, indicates the applicant and the healthcare provider noted the applicant being treated for behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and two character reference/supporting statements. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. 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 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 marred the quality of his service. 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, such that he should have been retained on Active Duty (AD). The applicant contends an upgrade would allow him to attend college and obtain a good career so that he may provide for his son. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities, or to obtain veterans' benefits. The third party statements provided with the application speak highly of the applicant's character and performance. However, the persons providing the character reference and supporting statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. Although the applicant did not raise any behavioral health issues, a careful review of his record indicates behavioral health issue symptoms existed. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. Further, notwithstanding the applicant's appropriate discharge, the service record indicates that someone in the discharge process erroneously entered in block 27, the reentry code as "3." 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 10 March 2017, 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: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change to SPD / Change RE code to 4 e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018421 1