1. Applicant's Name: a. Application Date: 15 March 2016 b. Date Received: 18 April 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that she would like an upgrade of her discharge for the purpose of being able to pursue a career again in the military. She contends her discharge was unfair for having been in the military for three years and not getting into any trouble. She received her good conduct medal and without a doubt she was flagged for separation. She did not get a chance to talk to her Command Sergeant Major (CSM) due to him having an illness and nobody seemed to be present. She believes if she had been able to talk to her CSM she would still be serving her country proudly. She was not a troubled person, her mistake does not define her character. In a records review conducted at Arlington, VA on 7 July 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, block 27 contains the erroneous reentry eligibility (RE) code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. (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-3 / General (Under Honorable Conditions) b. Date of Discharge: 25 August 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 30 July 2014 (2) Basis for Separation: The applicant wrongfully used marijuana between 3 June 2014 and 10 June 2014 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 August 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 August 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 June 2011 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 85 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 3 years, 2 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, KDSR, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: There is a positive urinalysis report contained in the record coded; IR (Inspection Random), dated on 18 June 2014, which shows the applicant tested positive for THC 23 (marijuana) on 10 June 2014. Army Substance Abuse Program (ASAP) Enrollment, dated 19 June 2014, shows the applicant was command referred as a result of improper use of drugs (THC) CID Report, dated 1 July 2014 shows the applicant was the subject of investigation for the wrongful use of marijuana. Report of Mental Status Evaluation, dated 2 July 2014, shows the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was cleared from a psychological perspective for any administrative action deemed appropriate, specifically for chapter 14 administrative separation. FG Article 15, dated 8 July 2014, for wrongfully using marijuana between 3 June 2014 and 10 June 2014. The punishment consisted of reduction to E-3 and 30 days extra duty. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; character reference statements from military personnel; various certificates and awards; background check; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends she now attends college as a full time single mother and will be graduating with her AA degree and hope to pursue a career back in the military. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a Soldier. 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 diminished the quality of her service below that meriting an honorable discharge. 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 seeks relief contending her discharge was unfair after having been in the military for three years and not getting into any trouble. She received her good conduct medal and without a doubt she was flagged for separation. She did not get a chance to talk to her Command Sergeant Major (CSM) due to having an illness and nobody seemed to be present. She believes if she had been able to talk to her CSM she would still be serving her country proudly. She was not a troubled person, her mistake does not define her character. The applicant's contentions were noted; however, 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 issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was unfairly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on her accomplishments. However, it appears this service was determined not to be sufficiently mitigating to warrant a characterization of service of honorable at the time of discharge. Furthermore, by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for her receiving a GD instead of the normal UOTHC discharge. It should be noted, that the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (drug abuse). Soldiers processed for Misconduct (Drug Abuse) will be assigned an SPD Code of JKK and an RE Code of 4. The applicant expressed her desire for an upgrade of her discharge for the purpose of being able to pursue a career again in the military. However, at the time of discharge the applicant should have been assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. 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 7 July 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, block 27 contains the erroneous reentry eligibility (RE) code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE- 4, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change to SPD / Change RE to 4. f. Restoration to Grade: 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 AR20160008367 1