1. Applicant's Name: a. Application Date: 30 November 2015 b. Date Received: 7 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 and a change to narrative reason for separation. The applicant seeks relief contending, in effect, his narrative reason indicates he was discharged for misconduct (drug abuse); however, he did not abuse drugs while in the service. The applicant was only charged with possession of his own medication, which was allegedly expired, although no documentation on the prescription stated an expiration date. 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. (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: 11 February 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 September 2013 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully possessed oxycodone (7 April 2013); willfully disobeyed a lawful order from SGT D.B. (11 June 2013); derelict in the performance of his duties by failing to determine the date and location of the Unit Prevention Leader Course (6 January 2012); and, failed to report on two occasions (29 February 2012 and 10 April 2012). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 2 October 2013 (5) Administrative Separation Board: Conditionally waived, 2 October 2013, contingent upon him receiving a characterization of service or description of separation no less favorable than honorable conditions. On 16 October 2013, the separation approving authority disapproved the applicant's conditional waiver request and referred the case to an administrative separation board. On 23 October 2013, the applicant was notified to appear before an administrative separation board and advised of his rights. On 14 November 2003, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of general, under honorable conditions. (6) Separation Decision Date / Characterization: On 15 January 2014, the separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of general (under honorable conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 December 2010 / NIF b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 127 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15W10, Unmanned Aerial Vehicle Operator / 13M10, MLRS / HIMARS Crewmember / 8 years, 7 months, 24 days d. Prior Service / Characterizations: RA, 16 June 2005 to 7 May 2008 / HD RA, 8 May 2008 to 30 December 2010 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (2 July 2010 to 20 June 2011) and Afghanistan (3 March 2013 to 16 June 2013) f. Awards and Decorations: ARCOM, AAM, AGCM-2, NDSM, ICM-2CS, GWOTSM, KDSM, NOPDR, ASR, OSR, NATOMDL, CAB, MUC g. Performance Ratings: 1 October 2009 thru 30 September 2011, Fully Capable 1 October 2011 thru 20 May 2012, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article, dated 18 May 2012, for dereliction in the performance of his duties, by negligently failing to determine the date and location of the Unit Prevention Leader Course (6 January 2012) and failed to go at the time prescribed to his appointed place of duty (29 February 2012). The punishment consisted of a reduction to E-4, forfeiture of $1,181 pay for two months (suspended), extra duty and restriction for 45 days, and an oral reprimand. FG Article 15, dated 20 April 2013, for wrongful possession of oxycodone (7 April 2013). The punishment consisted of a reduction to E-1, forfeiture of $758 for two months (suspended), extra duty for 45 days, and an oral reprimand. CID Report of Investigation, dated 9 April 2013, reflects the applicant was the subject of an investigation for wrongful possession of Percocet. On 17 June 2013, the suspension of punishment of forfeiture of $758 for two months was vacated for the new offense of willfully disobeyed a lawful order from SGT D.B., by failing to maintain his personal appearance within the standards of AR 670-1 (11 June 2013). Two negative counseling statement for failing to follow grooming standards, and a controlled substance found during a health and welfare inspection. i. Lost Time / Mode of Return: 2 days (AWOL, 10 April 2012 to 11 April 2012) / unknown j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; FG Article 15; developmental counseling form; digital cover sheet agreement; CID Report of Investigation with associated documents; Enlisted Record Brief; Article 15 appeal; two support statements; unit health and welfare inspection memorandum; and Combined Joint Task Force-101, General Order Number 1. 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. 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 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. 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 14-12c(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 to narrative reason for separation. The applicant's record of service, the issues and documents submitted with his 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. 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 diminished the quality of his service below that meriting an honorable discharge at the time of his separation. 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 requests a change to the narrative reason for separation. 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 regulation further stipulates that no deviation is authorized. The applicant contends that his narrative reason indicates he was discharged for Misconduct (Drug Abuse); however, he did not abuse drugs while in the service. The applicant violated the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. 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 contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant further contends that he was only charged with possession of his own medication, which was allegedly expired, although no documentation on the prescription stated an expiration date. The evidence of record (CID Report) relates a review of the applicant's medical record revealed his prescription of Percocet expired on 24 November 2011. 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 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change 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 AR20160000970 1