1. APPLICANT’S NAME: a. Application Date: 14 July 2015 b. Date Received: 20 July 2015 c. Counsel: Yes 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a narrative reason change. The applicant contends he did not willfully intend to use a substance he was accused of using. He unknowingly ingested the substance because it was in a Rice Krispy treat and he had no idea it was in the treat. He did not get a chance to prove his innocence in a court-martial as he requested. The applicant contends he had good service and desires the upgrade to use the GI Bill. In a personal appearance conducted at Arlington, VA on 7 March 2016, and by a 3-2 vote, the Board found the overall length of the applicant's service, the circumstances surrounding his discharge (i.e., additional evidence submitted and testimony) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to 1. (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: 21 December 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 October 2012 (2) Basis for Separation: The applicant was informed of the following reasons: misconduct-abuse of illegal drugs for wrongfully using marijuana on or about 3 June 2012 - 3 July 2012. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 27 November 2012 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 23 February 2010 / 3 years, 28 weeks b. Age at Enlistment/Education/GT Score: 21 / 1 year college / 101 c. Highest Grade Achieved/MOS/Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 2 years, 9 months, 29 days d. Prior Service/Characterizations: None / None e. Overseas Service/Combat Service: None / None f. Awards and Decorations: NDSM, GWTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: None i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 14 July 2015; an undated, self-authored statement; a memorandum, dated 25 October 2012, from his Military defense counsel; and, a letter, dated 12 September 2012, from his attorney which included one affidavit, dated 11 September 2012. 6. POST SERVICE ACCOMPLISHMENTS: None stated. 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 rehabilitation is impractical or unlikely to succeed. Army policy states an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 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 a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4. 8. DISCUSSION OF ISSUE(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a narrative reason change. The applicant’s record of service, the issues and documents submitted with his 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. 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 applicant contends the discharge was unjust because he was not provided the opportunity to prove his innocence through a court-martial as requested. 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. The applicant contends the narrative reason for the discharge should be changed because he was not provided the opportunity to prove his innocence through a court-martial as requested. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends he had good service. The applicant’s service accomplishments and the quality of his service prior to the incidents which caused the initiation of discharge proceeding were carefully considered. However, the applicant’s record is void of any acts of valor or accomplishments and the applicant has not provided any evidence to support his contention. The applicant contends an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional document(s): a. Notarized affidavit, dated 11 September 2012 - (2 pages) b. Enlisted Record Brief - (1 page) c. Court-Martial documents - (2 pages) 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change SPD/RE Code to: SPD Code to JFF/RE-Code to 1 e. Restore Grade to: NA 10. Secretarial Reviewing Authority (SRA): Upon review, the SRA adopted the Board President’s recommendation to overturn the Board’s decision in that you failed to provide sufficient documentation to support your contentions and the Secretarial Reviewing Authority found your testimony not to be creditable to overcome the presumption of government regularity. AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20150012496 1