1. Applicant’s Name: a. Application Date: 5 May 2015 b. Date Received: 18 May 2015 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 a change to his narrative reason for separation. The applicant seeks relief contending, in effect, he would like an upgrade for the purpose of being able to use his GI Bill benefits and possibly rejoin the military. He contends that during his period of service he was a good Soldier, he never had any issues or trouble, and that he was looking forward to a career in the United States Army. However, he got hurt on a jump and took outdated prescription medication, which resulted in him being discharged. 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, Paragraph 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 13 February 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 January 2014 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully used heroin (between on or about 29 August 2013 and 5 September 2013); wrongfully used oxycodone and oxymorphone (between on or about 6 September 2013 and 13 September 2013); wrongfully used oxymorphone (between on or about 9 September 2013 and 16 September 2013); and, wrongfully used oxymorphone and oxycodone (between on or about 19 November 2013 and 26 November 2013). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: Declined, 14 January 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 23 January 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 14 June 2011 / 3 years b. Age at Enlistment/Education/GT Score: 22 / GED / 102 c. Highest Grade Achieved/MOS/Total Service: E-4 / 13B10, Cannon Crewmember / 2 years and 8 months d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Afghanistan (22 February 2012 – 29 August 2012) f. Awards and Decorations: ARCOM, NDSM, GWTSM, ASR, NATO Medal g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 5 May 2015; DD Form 214; Cape Fear Valley Health System Department of Radiology medical document, dated 29 April 2013; and a printout of the applicant’s medical appointments for the period 30 May 2013 – 26 June 2013. The Cape Fear Valley Health System Department of Radiology medical document, dated 29 April 2013, indicates the applicant received a MRI Spinal Lumbar W/WO for low back pain with radiation into both lower extremities. 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 an upgrade of his general, under honorable conditions discharge to honorable and a change to his narrative reason for separation. 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 appropriate SPD code and narrative reason for discharge to assign enlisted Soldiers who are discharged for misconduct (drug abuse) is “JKK” and the RE code is 4. The regulation further stipulates no deviation is authorized. 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, his misconduct was the result of taking outdated prescription medication after getting hurt on a jump. The applicant’s contentions was noted; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant expressed his desire to use his GI Bill benefits and possibly rejoin the military. 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. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 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 AR20150008828 4