1. APPLICANT’S NAME: a. Application Date: 19 July 2015 b. Date Received: 22 July 2015 c. Counsel: None 2. REQUEST, REASON, 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 discharge. The applicant states, in effect, he would like an upgrade of his discharge for the purpose of being able to advance in his career and make a better living for himself and his family. He contends some departments he has applied to request an explanation or reason for the type of discharge he received; his current characterization of service and reasons hinder him greatly. He believes being separated from the military was the biggest regret of his life and has not forgotten the feeling of utter failure and disappointment in himself. As an emergency service worker, he strives every day to prove that he is capable and willing to improve himself and become the man and adult he should have been in the Army. Per the Board's Medical Officer, there were no mitigating medical/behavioral health diagnoses in the applicant's file. There were no mitigating medical/behavioral health conditions revealed in his active duty electronic medical records. Accordingly, in a personal appearance review conducted at Arlington, VA on 7 March 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: 6 March 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 February 2009 (2) Basis for Separation: The applicant was informed of the following reason: participating in the consumption and/or usage of an illegal substance. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 24 February 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 14 February 2008 / 4 years and 16 weeks b. Age at Enlistment/Education/GT Score: 21 years / HS Graduate / 108 c. Highest Grade Achieved/MOS/Total Service: E-2 / 11B10, Infantryman / 1 year and 23 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR 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 15 December 2008, for Cocaine (COC). Article 15, imposed on 29 January 2009, for the wrongful use of cocaine between 12 December 2008 and 15 December 2008. The punishment consisted of reduction to the grade of E-1, forfeiture of $699.00 pay for two months (suspended), and 30 days of extra duty (FG). Two negative counseling statements dated 14 January 2009, for the use of a controlled substance and being a flight risk. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Statue Evaluation, dated 10 February 2009, shows the applicant was diagnosed with Axis 1 for polysubstance abuse. The applicant was cleared for any other administrative action deemed appropriated by his command. 5. APPLICANT-PROVIDED EVIDENCE: An online application; self-authored letter; and letters of support. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge he has completed Emergency Technician - Basic and Fire Fighter I & II courses in the state of North Carolina and has held a full time job in the career path he has chosen. 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 ISSUE(S): The applicant requests an upgrade of the characterization of his discharge and a change to his narrative reason for discharge. The applicant’s record of service, the documents and the issues submitted with the application were carefully considered. 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 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, he would like an upgrade of his discharge for the purpose of being able to advance in his career and make a better living for himself and his family. Since his discharge he has completed the Emergency Technician - Basic and Fire Fighter I & II courses and has held a full time job in the career path he has chosen. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application, and the applicant is to be commended for his post-service accomplishments. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 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. a. The applicant submitted the following additional document(s): Criminal Background – (2 pages) b. The applicant presented the following additional contentions. 10. BOARD DETERMINATION: Per the Board's Medical Officer, there were no mitigating medical/behavioral health diagnoses in the applicant's file. There were no mitigating medical/behavioral health conditions revealed in his active duty electronic medical records. Accordingly, in a personal appearance review conducted at Arlington, VA on 7 March 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 Grade to: NA 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 AR20150012515 1