1. Applicant's Name: a. Application Date: 18 December 2016 b. Date Received: 3 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, his unit was advised that they should openly request participation in the substance abuse program, if prior to a random drug test they had been using drugs. He states, he advised his NCOIC of his drug use and was told that it would get worked out. The next day, he tested positive for drug use in a spontaneous random testing. He states, he received an Article 15, but never received any drug abuse treatment. He tested positive a second time and still did not receive any help, but he did receive another Article 15. Eventually, he was discharged and sent home without any of the drug treatment he was told he would receive, as long as he let his unit know before he tested positive on a drug test. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had one visit for Anxiety NOS in AHLTA. In JLV, he has a 70% VA SC disability rating. VA Problem List diagnoses include Alcohol Abuse, Nicotine Dependence, Chronic PTSD, Unspecified PTSD (2016), Other Insomnia (2016), Adverse Effect of a Amphetamines, Cocaine Dependence in Remission, Alcohol Dependence in Remission, Long Term (current) use of Opiate Analgesic (2016), Amphetamine Dependence (2013), Substance Abuse (2011), Cannabis Dependence (2011), Amphetamine Induced Psychotic Disorder (April 2011), Marijuana Abuse (Sept. 2010), Cocaine Abuse )(Sept 2010), and Concussion with Loss of Consciousness of Unspecified Duration (Sept, 2010). He had had 2 VA hospital admissions related to substance abuse. A psychology intake note at the VA on 10 August 2010 cited the applicant as saying he enlisted in the army because he was "partying too much," and cited cannabis and drinking. Further, at this time he also was fired at La-Z-Boy "because of medications" in July 2006. After discharge from the Army for a failed drug screen for cocaine, he lost a job because he would get behind in his work if there was noise. He got a job cutting trees, and, at the time interviewed said he had misdemeanor charges related to a drug screen. He went on to describe combat traumata form his time in Iraq. He was diagnosed as having had "very mild" TBI and PTSD based on this interview. His drug use problem predate his deployments and continued after he left the Army. He was also discharged with a GD. No evidence in the records supported a PTSD diagnosis In a records review conducted at Arlington, VA on 20 April 2018, 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, blocks 25, 26, 27, and 28, contain 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 changed 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 10 October 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 August 2008 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 2 June 2008, and on or about 5 June 2008, he wrongfully used cocaine; Between on or about 19 Ju1y 2008, and on or about 21 July 2008, he wrongfully used cocaine; and, He had committed a serious offense by continuing to use controlled substances. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Undated (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 September 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 September 2006 / 3 years, 22 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13R10, Field Artillery Fire finder Radar Operator / 2 years, 1 month, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (1 April 2007 - 9 December 2007) f. Awards and Decorations: ICM, ARCOM, NDSM, GWOTSM, ICM-CS, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 8 August 2008, for wrongfully using cocaine (between 2 and 5 June 2008). The punishment consisted of a reduction to E-1; forfeiture of $673 pay per month for two months; and, extra duty and restriction for 45 days. Commander's Report, dated 3 September 2008, reflects the applicant received a FG Article 15, on 8 April 2008, for wrongfully using cocaine. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 and DD Form 214. 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(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 his general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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. 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 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. The applicant contends that he was told when he arrived to his unit that Soldiers if they were open and honest about using drugs before a urinalysis that they would receive treatment in the Army Substance Abuse Program (ASAP). He states he informed his NCO that he had used drugs prior to the urinalysis, but he did not receive treatment. However, 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. Further, 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. The applicant contends that he was never offered the opportunity for drug treatment. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. 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 20 April 2018, 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, blocks 25, 26, 27, and 28, contain 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 changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (Board member names available upon request) 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: JKQ / RE-3 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 AR20170003013 5