1. Applicant's Name: a. Application Date: 12 February 2016 b. Date Received: 16 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he has honorable periods of reenlistments. Per the Board's Medical Officer, based on the information available for review at the time, both the electronic military medical record (AHLTA) and the electronic VA medical record (JLV) were reviewed. AHLTA documents that the applicant was diagnosed with Adjustment Disorder with mixed emotional features and Substance Use Disorder. Neither of these conditions are mitigating for the offenses leading to the applicant's discharge from the Army. Review of the VA medical record indicates it contains the same information as AHLTA. In a record review hearing conducted at San Antonio, TX on 20 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 2 October 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 July 2007 (2) Basis for Separation: The applicant was informed of the following reasons: AWOL (21 March 2007 until he was apprehended on 26 March 2007); admitted to wrongfully using cocaine; AWOL (11 April 2007 until 17 April 2007); and, wrongfully used cocaine, oxycodone, and oxymorphine (between 14 and 17 April 2007). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 July 2007 (5) Administrative Separation Board: On 24 July 2007, the applicant was notified to appear before an administrative separation board and advised of his rights. On 20 August 2007, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 12 September 2007, 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 under other than honorable conditions. (6) Separation Decision Date / Characterization: 12 September 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 April 2006 / 4 years b. Age at Enlistment / Education / GT Score: 28 / Associate's Degree / 122 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88N10, Traffic Management Coordinator / 6 years, 6 month, 19 days d. Prior Service / Characterizations: RA, 1 March 2001 to 31 March 2004 / HD RA, 1 April 2004 to 19 April 2006 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM, AAM-2, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Permanent Physical Profile, dated 23 January 2006, reflects the applicant's medical condition was due to chronic bilateral knee pain, he could not perform the duties of his MOS, initiation of a MMRB was recommended, and approved on 25 January 2006. Two Military Police Reports, dated 23 March 2007 and 18 April 2007, indicate that the applicant was the subject of an investigation for being AWOL and being apprehended in the first report, and being AWOL and surrendering to his unit on 17 April 2007 in the second report. Electronic copy of the DD Form 2624, dated 23 April 2007, reflects the applicant tested positive for cocaine during an Inspection Other (IO) urinalysis testing conducted on 27 March 2007. Electronic copy of the DD Form 2624, dated 7 May 2007, reflects the applicant tested positive for cocaine, oxycodone, and oxymorphine during an Inspection Other (IO) urinalysis testing conducted on 17 April 2007. CID Report of Investigation, dated 18 May 2007, indicates that the applicant was the subject of an investigation for wrongful use of cocaine, marijuana, and opiates (oxycodone and oxymorphine). Negative counseling statements for abusing illegal drugs, being AWOL twice, admitting to using illegal drugs, attempting rehabilitation through ASAP, being restricted to post, being directed to have no contact with his family, his appointed place of duty, and failing to be at his appointed place of duty at the prescribed time. FG Article 15, dated 8 June 2007, for being AWOL on 21 March 2007, until he was apprehended on 26 March 2007, wrongfully using cocaine on 23 March 2006, and wrongfully using marijuana, a schedule I controlled substance, cocaine, oxycodone, and oxymorphine, schedule II controlled substances on 14 April 2007. The punishment consisted of a reduction to E-1 and 45 days of extra duty. Note that upon an appeal on 14 June 2007, his reduction in grade was restored to E-2. Summarized Record of Administrative Separation Board and its findings and recommendation, dated 20 August 2007, shows the board recommended separation with an under other than honorable conditions discharge. Four Personnel Action forms, dated between 21 March 2007 and 17 April 2007, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 21 March 2007 From "AWOL" to "PDY," effective 26 March 2007 From "PDY" to "AWOL," effective 11 April 2007 From "AWOL" to "PDY," effective 17 April 2007 i. Lost Time / Mode of Return: 11 days 5 days (AWOL, 21 to 26 March 2007) / apprehended by military authorities 6 days (AWOL, 11 to 17 April 2007) / surrendered to military authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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 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, 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 under other than honorable conditions discharge to honorable. The applicant's record of service and the issues 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 provided no independent corroborating or sufficient 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. 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 complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends he had honorable periods of reenlistments. Although the creation of discharge certificates for honorable periods of service is not within the purview of the Army Discharge Review Board, AR 635-8, paragraph 5-2, provides instructions on when not to prepare a DD Form 214. In pertinent part, according to paragraph 5-2f, a DD Form 214 will not be prepared for Soldiers who are discharged for immediate reenlistment in the Regular Army. Accordingly, his current DD Form 214 shows his continuous honorable active services and periods of his immediate reenlistments. 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 record review hearing conducted at San Antonio, TX on 20 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 AR20160003976 1