1. APPLICANT’S NAME: a. Application Date: 1 February 2015 b. Date Received: 5 February 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant states, in effect, his discharge was improper because he had an illness of addiction. He contends his disease was unaddressed and untreated during the duration of his military career. He never knew anything about AA or NA until he was discharged. After he failed his first U/A his entire unit turned their backs on him. He was told by his commanding officer that if he appealed his decision to separate he would be sent to Fort Leavenworth for the duration of a military trial. He contends all he wanted to do was serve and if he had been given the opportunity to enter into the ASAP while on Active duty he might have been able to salvage his enlistment and resolved his issues of addiction. In a records review conducted at Arlington, VA on 11 May 2016, and by a 5-0 vote, the Board after carefully examining the applicant's record of service during the period of enlistment under review determined the discharge to be both proper and equitable and voted to deny relief. 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 code of 3. In view of the error, the Board voted to administratively correct 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 / Under Other Than Honorable Conditions b. Date of Discharge: 23 May 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 May 2003 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully using marijuana and cocaine on 3 February 2003; wrongfully using marijuana on 9 March 2003 and 8 April 2003; wrongfully using D-methamphetamine and amphetamine on 8 April 2003; wrongfully using D-methamphetamine on 15 April 2003; wrongfully using amphetamine on 16 April 2003; and wrongfully making a false official statement on 16 April 2003. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 May 2003 (5) Administrative Separation Board: On 9 May 2003, the applicant waived his right to an Administrative Separation Board (6) Separation Decision Date/Characterization: 12 May 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 18 June 2002 / 2 years b. Age at Enlistment/Education/GT Score: 18 years / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-2 / 11B10, Infantryman / 11 months and 6 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Hawaii / None f. Awards and Decorations: NDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: There is a positive urinalysis report contained in the record coded; IU (Inspection Unit), dated on 3 February 2003, for THC and Cocaine. There is a positive urinalysis report contained in the record coded; IU (Inspection Unit), dated on 8 April 2003, for AMP, DMET, THC. There is a positive urinalysis report contained in the record coded; IU (Inspection Unit), dated on 15 April 2003, for DMET. There is a positive urinalysis report contained in the record coded; IU (Inspection Unit), dated on 16 April 2003, for AMP and DMET. Article 15, imposed on 20 March 2003, for wrongfully using marijuana between 4 January 2003 and 3 February 2003 and cocaine between 27 January 2003 and 3 February 2003. The punishment consisted of reduction to the grade of E-1, forfeiture of $575.00 pay per month for two months, extra duty and restriction for 45 days; 30 days of extra duty and restriction was later mitigated (FG). Several counseling statements dated between 7 January 2003 and 30 March 2003, for testing positive for cocaine and marijuana, motivation, performance, and appearance. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Status Evaluation, dated 11 April 2003, shows the applicant at the time of evaluation was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293dated 1 February 2015 and a copy of his DD Form 214, dated 23 May 2003 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: None. 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 ISSUE(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant’s record of service, the documents and the issues submitted with the application were carefully reviewed. The record confirms 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. 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 his 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. The applicant seeks relief contending that his discharge was improper because he had an illness of addiction. He contends his disease was unaddressed and untreated during the duration of his military career. 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 his discharge was improper. 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. Furthermore, 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. He contends if he had been given the opportunity to enter into the ASAP while on Active duty he might have been able to salvage his enlistment and resolved his issues of addiction. The rationale the applicant provided is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 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. It should also be noted 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 for the use of drugs. Soldiers processed for misconduct for the use of drug will be assigned an SPD Code of JKK and an RE Code of 4. 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 11 May 2016, and by a 5-0 vote, the Board after carefully examining the applicant's record of service during the period of enlistment under review determined the discharge to be both proper and equitable and voted to deny relief. 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 code of 3. In view of the error, the Board voted to administratively correct 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 SPD/RE Code to: No Change to SPD / Change RE code to 4. e. Restore Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150002124 5