1. Applicant’s Name: a. Application Date: 2 April 2015 b. Date Received: 7 April 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests upgrade of HIS general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he feels his punishment was disproportionate and was too severe for the offense committed. His discharge was based on one isolated incident in his nine and half months of service. He admits his mistake was stupid. He was having trouble adjusting to the military and coping with the idea he would be deployed, with a possibility of never returning to see his child grow up. He understands now that drugs and alcohol are not the solution to anything. Since the incident, he has not engaged in that type of behavior again. Since his discharge, all he can think about is serving his country again. He felt proud of serving and the discipline, honor, respect and self-respect the Army taught him. He desires another chance to prove to himself, his family, and his country that he is a good Soldier. In a records review conducted at Arlington, VA on 3 August 2016, and by a 5-0 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 / Chapter 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 6 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 October 2014 (2) Basis for Separation: The applicant wrongfully used marijuana (between on or about 6 July 2014 and 6 August 2014). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 29 October 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 31 October 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 14 January 2014 / 3 years, 21 weeks b. Age at Enlistment/Education/GT Score: 21 / HS Graduate / 89 c. Highest Grade Achieved/MOS/Total Service: E-3 / 92Y10, Unit Supply Specialist / 9 months and 23 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, GWTSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Electronic copy of the DD Form 2624, dated 15 August 2014, reflects the applicant tested positive for THC 137 (marijuana), during an Inspection Random (IR) urinalysis testing conducted on 6 August 2014. DA Form 4856 (Developmental Counseling Form), dated 20 August 2014, for testing positive on a drug urinalysis for marijuana. DA Form 3822 (Report of Mental Status Evaluation), dated 28 August 2014, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant had the mental capacity to understand and participate in the proceedings and could appreciate the difference between right and wrong. The applicant was diagnosed with (Axis I) cannabis abuse (per ASAP). FG Article 15, dated 3 September 2014, for wrongfully using marijuana (between on or about 6 July 2014 and 6 August 2014). The punishment consisted of a reduction to E-1, forfeiture of $765.00 pay (suspended), and 45 days of extra duty and restriction. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 2 April 2015; DD Form 214; and two letters of support. 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. 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, 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 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 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 marred the quality of his service. 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 the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant has expressed his desire to rejoin the Service. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. The third party statements provided with the application speak highly of the applicant’s performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 3 August 2016, and by a 5-0 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150006312 4