1. Applicant's Name: a. Application Date: 5 January 2016 b. Date Received: 11 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board would consider him for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant states, in pertinent part and in effect, in addition to considering his request for an upgrade, block 18 of his DD Form 214 states he served honorably from 12 January 2015 to 1 May 2015, which is an error. He adds that he served honorably until 1 July 2015, the day he confessed to smoking cannabis, and his positive urinalysis result was not received until 1 August 2015. In a records review conducted at Arlington, VA on 12 April 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: 29 December 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 December 2015 (2) Basis for Separation: The applicant wrongfully used Tetrahydrocannabinol between 2 May 2015 and 1 June 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 December 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 December 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 January 2015 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 11 months, 18 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 6 November 2015, for failing to be at his appointed place of duty at the prescribed time on 26 June 2015, and wrongfully using tetrahydrocannabinol between 2 May 2015 and 1 June 2015. The punishment consisted of a reduction to E-1, forfeiture of $733 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, dated 5 January 2016, with self-authored statement and DD Form 214 Information Paper; DD Form 214; memorandum, dated 1 July 2016, subject: Request for Probable Cause Urinalysis; Appendix N-Memorandum of Observe Responsibilities; FLAG, dated 3 August 2015; Electronic Copy of the DD Form 2624, dated 28 July 2015; Appendix N - Testing Register; memorandum, dated 31 July 2015, subject: Confirmed Urinalysis Test Results; and ERB, dated 20 February 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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, paragraph 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board considered him for a possible upgrade as instructed by DoDI 1332.28. 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 sufficient evidence 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 block 18 of his DD Form 214 indicating he served honorably from 12 January 2015 to 1 May 2015, is an error because it was not until 1 July 2015, when he confessed to smoking cannabis; therefore, his honorable service should read 12 January 2015 to 1 July 2015. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. To correct the dates in block 18 of his DD Form 214, the applicant may apply to the U.S. Army Human Resources Command, ATTN: AHRC-PDR-V, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5402 by submitting a written request and documents in support of his claim. 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 12 April 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 AR20160002714 1