1. Applicant's Name: a. Application Date: 16 August 2016 b. Date Received: 15 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, he enlisted at 17 years old; made himself available to the Army's needs by attending any training he could possibly sign up for; advanced in leadership quickly by attending an E-5 promotion board at age 20; and he was the youngest E- 5/SGT in his battalion. He had a perfect safety record in training and brought all his men back from a six-month deployment to Afghanistan. After returning from a strenuous deployment, he moved his family to Hawaii. He attended and passed the E-6 promotion board two months after arriving at 25th ID at Schofield Barracks. He received an Article 15 for an isolated incident, which led to his discharge. Having over six years of military service, he waived his administrative separation board so that he may receive an honorable discharge; however, he was later informed he would be discharged with an Under Other Than Honorable Conditions (UOTHC) characterization. He was then informed he would have to waive his administrative board to receive a General (Under Honorable Conditions) discharge. He found that if he requested a board and still received anything lower than a GD, he would lose his moving expense benefits, causing him to remain on an unaffordable island with his family. All other Soldiers he was out-processing with received a General (Under Honorable Conditions) by default. He was the only one recommended for a UOTHC discharge. He never had any interaction with the brigade advocate who recommended him for the UOTHC discharge. He came into work every day with the intent to do his absolute best. His record and most importantly, his sacrifices show that his service was honorable. He provided the inconsistencies and his accomplishments as justification for an honorable discharge. The isolated incident should not sum his time in service as "General." In a records review conducted at Arlington, VA on _ ___ 2017, and by a __-__ 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 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 August 2007 / 8 years, 4 months, 12 weeks (extended his enlistment by 20 months on 9 August 2012) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 198 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B10, Infantryman / 7 years, 8 months, 8 days d. Prior Service / Characterizations: USAR (22 December 2005 to 1 August 2007) / HD e. Overseas Service / Combat Service: Hawaii, SWA / Afghanistan (14 June 2012 to 28 September 2012), Iraq (5 December 2008 to 15 November 2009) f. Awards and Decorations: ARCOM-3; AAM; AGCM; NDSM; ACM-2CS; ICM-2CS; GWOTSM; NCOPDR; ASR; OSR; NATOMDL; CIB g. Performance Ratings: Four NCOERs, as follows: 1 February 2010 thru 31 January 2011, Fully Capable 1 February 2011 thru 31 January 2012, Fully Capable 31 January 2012 thru 9 December 2012, Fully Capable 10 December 2012 thru 20 May 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15 with its associated documents, dated 20 May 2013, for wrongfully using marijuana between 22 March 2013 and 22 April 2013. The punishment consisted of a reduction to E-4, forfeiture of $1,201 pay per month for two months (suspended), 45 days of extra duty, and 45 days of restriction (suspended). i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 16 August 2016, and DD Form 214. 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 requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that his service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the merits of his issues. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced sufficient evidence, to support a change to the characterization of service granted and the narrative reason for his discharge. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further sufficient evidence in support of his request for an upgrade of his discharge and to change the narrative reason for his discharge. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. In consideration of the applicant's documentary evidence of his service accomplishments and quality of his service prior to any incidents of misconduct that led to his discharge, 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. Based on the available record, 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: 10. BOARD ACTION DIRECTED: a. Issue new Separation Order: No 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 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 AR20160015183 1