1. Applicant's Name: a. Application Date: 14 January 2017 b. Date Received: 17 January 2017 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 effect, on 20 May 2015, his vehicle was routinely pulled over for inspection that resulted in an unknown object being found, of which he had no knowledge of or involved with. That was the basis for his discharge. He asserts that the level of his discharge was unjustly decided on as he had a difficult time securing an employment. In a records review conducted at Arlington, VA on 13 April 2018, and by a 3-2 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 31 January 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 September 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 20 May 2015, he wrongfully possessed drug paraphernalia which was in violation of paragraph 4q, 82nd Airborne Division Regulation No. 190-2, a lawful general regulation. He also wrongfully possessed less than 30 grams of XLR11, a schedule I controlled substance, on 20 May 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 October 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 October 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 December 2011 / 5 years b. Age at Enlistment / Education / GT Score: 24 / Bachelor's Degree / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25S10, 7D Satellite Communication Systems Operator-Maintainer / 3 years 8 months, 16 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: AAM; NDSM; GWOTSM; NCOPDR; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report, dated 30 July 2015, indicates the applicant was the subject of an investigation for wrongful possession of a controlled substance (Synthetic Cannabinoids) and failing to obey a General Order (Drug Paraphernalia). FG Article 15, dated 15 September 2015, for 15 September 2015, for wrongfully possessing drug paraphernalia on 20 May 2015, and wrongfully possessing less than 30 grams of XLR11, a schedule I controlled substance on 20 May 2015. The punishment consisted of a reduction to E-2, forfeiture of $867 pay per month for two months (suspended), 45 days of extra duty and restriction, and an oral reprimand. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 14 January 2017; discharge orders; self-authored statement; memorandum of support, dated 14 December 2015; and electronic copy of DD Form 2624, dated 26 May 2015. 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 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, paragraph 14-12c, 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. 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 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. By the incident of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The applicant contends the discharge was unjust because his discharge was unjustly decided based on an unknown object being found in his vehicle which he had no knowledge of. 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 his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly 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 contends that an upgrade of his discharge will allow him to obtain employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The third party statement provided with the application supports the applicant's claim. However, the person providing the supporting statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement does not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 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 13 April 2018, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170003731 4