1. Applicant's Name: a. Application Date: 7 December 2015 b. Date Received: 11 December 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, while understanding he made some poor choices in the past, he now chooses to take his future towards a more positive path. An upgrade would allow him to use his Post 9/11 GI Bill to fulfill his goal of obtaining a degree in cyber security, which would offer him opportunities to succeed. It was an honor to have served his country. He has now learned that the VA offers so much to help a Soldier. Unfortunately, he succumbed to the free flowing alcohol and its easy access, causing him to make poor choices. He has relocated from Los Angeles to San Diego with his family so he could go through the VA Alcohol and Drug Training Program (ADTP). He has successfully completed the outpatient program and continues with aftercare and attends AA meetings. He is optimistic that he can have a better future for him and his son with an education by using the Post 9/11 GI Bill (Chapter 31). Per the Board's Psychiatrist, based on the information currently available, the applicant has a mitigating Behavioral Health Condition for the offenses leading to his discharge from the military. The applicant has been diagnosed with PTSD by the VA. As PTSD is associated with the use of illicit substances for self-medication, there is likely a nexus between the applicant's PTSD and the drug offenses which resulted in his discharge from the military. Both the military and VA electronic medical records were reviewed. In a records review conducted at Arlington, VA on 10 February 2017, and by a 4-1 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, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c b. block 26, separation code changed to JKQ c. block 27, reentry code changed to 3 d. block 28, narrative reason for separation changed to Misconduct (Serious Offense) (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: 30 June 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 May 2008 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14, Paragraph 14-12c, and commission of a serious offense, the applicant was found guilty of wrongfully using ecstasy in a FG Article 15 on 17 April 2008. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 June 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 June 2008 / General (Under Honorable Conditions) (Note: The separation authority approved separation UP Chapter 14, Paragraph 14-12c, Commission of a Serious Offense.) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 November 2003 / 6 years b. Age at Enlistment / Education / GT Score: 26 / GED / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13P10, Multiple Launch Rocket System (MLRS) Operations/Fire Direction Specialist / 4 years, 7 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea, SWA / Iraq (31 October 2005 to 27 October 2006) f. Awards and Decorations: ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 23 May 2007, for wrongfully using marijuana (between 22 March 2007 and 20 April 2007). The punishment consisted of a reduction to E-1, forfeiture of $650 pay per month for two months, and 45 days of extra duty. FG Article 15, dated 9 August 2007, for being incapacitated for proper performance of duties due to previous overindulgence in intoxicating liquor or drugs on 24 July 2007. The punishment consisted of forfeiture of $650 pay per month for one month (suspend), and 45 days of extra duty and restriction. Memorandum, dated 5 March 2008, Subject: ASAP Rehabilitation Efforts, provided rehabilitative efforts rendered the applicant upon being command-referred on 1 August 2007, that he had not honored the treatment plan as agreed upon, and that he appeared to lack the motivation to satisfactorily participate in treatment or a program of recovery. Memorandum, dated 5 March 2008, Subject: Summary of ASAP Rehabilitation Failure, is self-explanatory. DD Form 2624 (Specimen Custody Document - Drug Testing), dated not visible, reflects the applicant tested positive for MethyleneDioxymethamphetamine (Ecstasy) during a Unit Inspection (IU) urinalysis testing conducted on 18 March 2008. Negative counseling statements for failing a unit urinalysis; being drunk on duty; failing to follow an order or regulation; violating the requirements of ASAP; FG Article 15, dated 17 April 2008, for wrongfully using ecstasy (between 13 March 2008 and 18 March 2008). The punishment consisted of a reduction to E-1, forfeiture of $670 pay per month for two months, and 45 days of extra duty and restriction. Mental Status Evaluation, dated 30 May 2008, psychiatrically cleared the applicant for any administrative actions deemed appropriate by his command. i. Lost Time / Mode of Return: 22 days (NIF, 21 May 2008 to 12 June 2008) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Recommendation for Award (ARCOM), dated 4 September 2006; ARCOM certificate; and ERB. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has completed the outpatient program of the VA Alcohol and Drug Training Program (ADTP) and attends AA meetings regularly. 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 further 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 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. The applicant contends an upgrade would allow him to use his Post 9/11 GI Bill to fulfill his goal of obtaining a degree in cyber security, which would offer him opportunities to succeed. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his accomplishments and complete period of service were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. After carefully reviewing the application, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(2), block 26 separation code as "JKK," block 27 reentry code as "4," and block 28, narrative reason for separation as "Misconduct (Drug Abuse)." Therefore and as approved by the separation authority, the following administrative corrections are recommended: a. block 25, separation authority to AR 635-200, Chapter 14-12c b. block 26, separation code to JKQ c. block 27, reentry code to 3 d. block 28, reason for separation to Misconduct (Serious Offense) 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 February 2017, and by a 4-1 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: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD/RE Code to: Change SPD to JKQ / Change to RE code to 3 f. Restore 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 AR20160000938 1