1. Applicant's Name: a. Application Date: 28 November 2016 b. Date Received: 5 December 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 and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, he was serving during the period drug testing was conducted on everyone. He and his fellow Soldiers were found to have partaken in some bad drugs; however, others got away with it because of their rank. He is now a recovered alcoholic and working with a program with God as his guide. He realizes he made a mistake. He is attending school for aviation mechanic. He does not want his current discharge to affect him. In a records review conducted at Arlington, VA on 7 February 2018, and by a 5-0 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, blocks 25, 26, 27 and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c block 27, reentry code change to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (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: 5 February 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 January 2007 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14, Paragraph 14-12c, Commission of a Serious Offense, the bases for the applicant's separation was due to wrongfully using cocaine on three separation occasions, between 23 September 2006 and 2 October 2006, between 6 October 2006 and 16 October 2006, and between 18 October 2006 and 27 October 2006. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 17 January 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 January 2007 / General (Under Honorable Conditions) (Note the separation authority approved separation pursuant to AR 635- 200, paragraph 14-12c, commission of a serious offense) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 February 2006 / 3 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-2 / 14T10, Patriot Launching Station Enhanced Operator/Maintainer / 10 months, 27 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of the DD Form 2624, dated 12 October 2006, shows that the applicant tested positive for cocaine during an IR (Inspection, Random) urinalysis conducted on 2 October 2006. Electronic Copy of the DD Form 2624, dated 24 October 2006, shows that the applicant tested positive for cocaine during an IR (Inspection, Random) urinalysis conducted on 16 October 2006. Electronic Copy of the DD Form 2624, dated 11 November 2006, shows that the applicant tested positive for cocaine during an IU (Inspection, Unit) urinalysis conducted on 27 October 2006. Negative counseling statements for wrongfully using cocaine on numerous occasions and separation action being initiated. FG Article 15, dated 27 October 2006, for wrongfully using cocaine between 23 September 2006 and 2 October 2006. The punishment consisted of a reduction to E-1, forfeiture of $636 pay per month for two months, and 45 days of extra duty and restriction. Report of Result of Trial indicates that a summary court-martial convened on 17 November 2006, found the applicant guilt of wrongfully using cocaine between 6 October 2006 and 16 October 2006, and between 18 October 2006 and 27 October 2006. The sentence consisted of forfeiture of $849 and 21 days of confinement. Report of Mental Status Evaluation, dated 24 October 2006, psychiatrically cleared the applicant for any administrative action deemed appropriate b his command. i. Lost Time / Mode of Return: 16 days (Military confinement due to conviction by a summary court-martial on 17 November 2006: 18 November 2006 to 3 December 2006) / The applicant was released from confinement on 4 December 2006. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 28 November 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is attending school. 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. 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. 8. DISCUSSION OF FACT(S): 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's available 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, 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 that ultimately caused his discharge from the Army. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14- 12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The service record further reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14- 12c(2), block 26 separation code as "JKK," and block 28, narrative reason for separation as "Misconduct." Therefore and as approved by the separation authority, the following administrative corrections are recommended: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; and c. block 28, reason for separation to Misconduct (Serious Offense). 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 he should have been retained on Active Duty. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends that he does not want his current discharge to affect him, perhaps an indication that an upgrade of his discharge would allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that other Soldiers with similar offenses were not discharged or allowed to stay in the Army because of their rank. However, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service 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: In a records review conducted at Arlington, VA on 7 February 2018, and by a 5-0 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, blocks 25, 26, 27 and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c block 27, reentry code change to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD/RE Code to: Change SPD to JKQ / Change to RE code to 3 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 AR20170001630 3