1. Applicant’s Name: a. Application Date: 16 July 2015 b. Date Received: 27 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, an upgrade would allow him to receive veteran’s benefits. The applicant also requested changes to his DD Form 214 to reflect his foreign service and all his awards. In a records review conducted at Arlington, VA on 28 September 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 October 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 September 2005 (2) Basis for Separation: The applicant received a FG Article 15 for wrongfully using controlled substances (2 February 2005 and 11 August 2005) and tested positive again for a controlled substance. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 14 September 2005 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 19 September 2005 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 8 February 2002 / 4 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 107 c. Highest Grade Achieved/MOS/Total Service: E-4 / 25Q10, Multichannel Transmission Systems Operator-Maintainer / 4 years 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 11 January 2005, reflects the applicant tested positive for marijuana during an Inspection Random (IR) urinalysis testing conducted on 4 January 2005. FG Article 15, dated 2 February 2005, for wrongfully using marijuana (between 2 December 2004 and 4 January 2005). The punishment consisted of a reduction to E-3, forfeiture of $820.00 pay per month for two months, and 30 days of extra duty. Electronic copy of the DD Form 2624, dated 30 June 2005, reflects the applicant tested positive for benzoylecgonine and marijuana during an Inspection Random (IR) urinalysis testing conducted on 22 June 2005. DA Form 3822-R (Report of Mental Status Evaluation), dated 28 July 2005, reflects the applicant was diagnosed with (Axis I) Occupational Stressors. The applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. Electronic copy of the DD Form 2624, dated 11 August 2005, reflects the applicant tested positive for marijuana during a Probable Cause (PO) urinalysis testing conducted on 5 August 2005. Negative counseling statement for failing to obey an order or regulation and wrongfully using a controlled substance. FG Article 15, dated 11 August 2005, for wrongfully using marijuana and cocaine (between 5 June 2005 and 5 July 2005). The punishment consisted of a reduction to E-1, forfeiture of $617.00 pay per month for two months, 45 days of extra duty, and an oral reprimand. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, dated 17 July 2015; DD Form 214; DA Form 638 (Recommendation for Award), dated 23 May 2003; Leave and Earning Statements for March 2002 and April 2002 and 2003; recommended credits transcript, dated 16 March 2015; certificates of completion, participation, and appreciation; and Airborne Course diploma. 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, paragraph 14-12c(2), 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 general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant’s record of service, and 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 and 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, such that he should have been retained. The applicant contends that an upgrade of his discharge would allow him to receive veteran’s benefits. However, the Board does not grant relief for the purpose of obtaining veteran’s benefits. 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 applicant also requested changes to his DD Form 214 to reflect his foreign service and all his awards. However, the applicant’s requested changes to the DD Form 214 do not fall within the purview of this Board. Accordingly, the DD Form 149 regarding this matter would be forwarded to the Army Board for Correction of Military Records (ABCMR) for their disposition. In consideration of the applicant’s service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service or to change the narrative reason for his discharge. 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 28 September 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/Issue a New Separation Order: 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: No Change 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150012565 4