1. Applicant's Name: a. Application Date: 15 February 2016 b. Date Received: 29 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was overwhelmed with marital problems, his spouse was leaving with the children and returning home in Mississippi and he went into a state of deep depression. He could not go on leave and this caused more stress and depression. He violated the UCMJ in order to leave the Army to try and work through his family issues. He desires to serve his country again. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a mitigating behavioral health disorder for the offenses leading to his discharge from the military. In a records review conducted at Arlington, VA on 12 July 2017, and by a 5-0 vote, the Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. the four prior honorable discharges and the 1990s era combat service to Saudi Arabia) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to general (under honorable conditions) and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 23 November 2002 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he tested positive for cocaine twice. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 27 September 2002 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a general discharge. On 13 November 2002, the applicant again consulted with legal counsel and unconditionally voluntarily waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: On 14 November 2002, the separation authority reviewed the findings of the Medical Evaluation Board, he found that the applicant's medical condition is not the direct, nor the substantial contributing cause, of the conduct that led to the recommendation for administrative separation. Furthermore, there were no other circumstances of this individual case which warrant disability processing instead of further processing for administrative separation. He directed the applicant's separation with an under other than honorable conditions characterization of service. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 February 2000 / 4 years b. Age at Enlistment / Education / GT Score: 29 years / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-5 / 54B10, Chemical Operations Specialist / 13 years, 2 months, 23 days / block 12d on the applicant's DD Form 214 total prior active service, is incorrect and should read as annotated in the Case Report and Directive. d. Prior Service / Characterizations: RA, 4 January 1989 to 13 December 1991 / HD Break in Service RA, 23 January 1991 to 2 January 1994 / HD RA, 3 January 1994 to 28 February 1997 / HD RA, 1 March 1997 to 28 February 2000 / HD e. Overseas Service / Combat Service: Korea / SWA / Saudi Arabia x2 (7 January 1991 to 12 May 1991) and (5 December 1996 to 5 May 1997) / Germany / Alaska f. Awards and Decorations: ARCOM, AAM-6, AGCM-4, NDSM-4, AFEM, SWASM-2 BSS, AFSM-2, NCOPDR-2, ASR, OSR-4, NATO MDL, KLM-SA, KLM-KU g. Performance Ratings: January 2000 to July 2000, Among The Best August 2000 to March 2002, Fully Capable April 2002 to August 2002, Marginal h. Disciplinary Action(s) / Evidentiary Record: Military police Report, dated 21 March 2002, shows the applicant was under investigation for larceny of government funds, forgery of property receipts/sales invoices and making a false official statement, all on post. FG Article 15, dated 29 August 2002, for wrongful use of cocaine between 22 May 2002 and 29 May 2002; reduction to SPC / E-4. Positive urinalysis test coded IU (Inspection Unit), dated 29 May 2002, for cocaine. Report of Mental Status Evaluation, dated 3 September 2002, relates there was no evidence of mental disorder which would affect judgement and reasoning or which would require disposition through medical channels. The applicant denied any suicidal or homicidal ideas, intent, or plan. He was psychiatrically cleared for any administrative or judicial action deemed appropriate by command. Positive urinalysis test coded IR (Inspection Random), dated 3 September 2002, for cocaine. CID Report of Investigation, dated 24 September 2002, revealed the applicant was the subject of an investigation for wrongful use of cocaine. FG Article 15, dated 29 October 2002, for wrongful use of cocaine between 26 August 2002 and 3 September 2002; reduction to PFC / E-3 and restriction for 45 days. A negative counseling statement, dated 6 November 2002, for failure to report and being AWOL. i. Lost Time / Mode of Return: AWOL for 3 days 3 November 2002 to 5 November 2002. This period of AWOL is not annotated on the DD Form 214 block 29 dates of time lost during this period. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and 48 pages of pictures, certificates of achievement, honorable discharge certificate, other certificates, diplomas, AAM and ARCOM certificates, and several NCO Evaluation Reports. 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 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, 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. 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." "Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD- related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the 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 NCO. The applicant, as a 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 a general (under honorable conditions) or an honorable discharge at the time of 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 she should have been retained on Active Duty. The applicant requested 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, in effect, he was overwhelmed with marital problems, his spouse was leaving with the children and returning home to Mississippi and he went into deep depression; he could not go on leave and this caused more stress and depression. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The service record contains no evidence of a diagnosis of depression and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends, he violated UCMJ in order to leave the Army to try and work through his family issues. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant also contends, his discharge has made obtaining job offers difficult. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant desires to serve his country again. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 July 2017, and by a 5-0 vote, the Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. the four prior honorable discharges and the 1990s era combat service to Saudi Arabia) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to general (under honorable conditions) and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General (Under Honorable Conditions) c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code 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 AR20160005192 1