8116251. Applicant's Name: a. Application Date: 18 August 2015 b. Date Received: 24 August 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for his separation and its corresponding reentry code. The applicant seeks relief contending, in pertinent part and in effect, other than the infraction that led to his discharge, he was an excellent Soldier who demonstrated the Army Values and if allowed to reenlist, he will demonstrate those Values. The incident was over ten years ago, he is more mature now, and would like to give our guys a break and help out. In a personal appearance hearing conducted at San Antonio, TX on 20 March 2017, and by a 3- 2 vote, the Board determined the narrative reason for the applicant's separation is now improper based on the applicant's personal testimony and post service accomplishments (i.e. owns a business and clean subsequent record). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 14-12c, the narrative reason for separation to Misconduct (Serious Offense), the separation code to JKQ, and RE code to 3. (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: 21 April 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 March 2006 (2) Basis for Separation: Misconduct, abuse of illegal drugs - marijuana (THC). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 31 March 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 April 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 August 2005 / 4 years, 20 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 123 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 8 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 13 January 2006, reflects the applicant tested positive for marijuana during an Inspection, Unit (IU) urinalysis testing conducted on 4 January 2006. Negative counseling statement for having a positive urinalysis and wrongfully used illegal controlled substance (THC) FG Article 15, dated 7 March 2006, for wrongful use of marijuana (between 16 December 2005 and 4 January 2006). The punishment consisted of a reduction to E-1, forfeiture of $636 pay per month for two months, and 45 days of extra duty and restriction. Report of Mental Status Evaluation, dated 8 February 2006, psychiatrically cleared the applicant for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 to change the narrative reason for his separation and its corresponding reentry code. The applicant's record of service, and the issues and document 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 on Active Duty. The applicant contends that he is more mature now than he was at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant requests to change the reason for his separation and its corresponding reentry code. However, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c(2) is "Misconduct (Drug Abuse)" and the separation code is JKK. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant desires to rejoin the military service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document. Letter of recommendation - 1 page b. The applicant presented additional contentions. c. Witness(es) / Observer(s): Randy Harvey - Father (W) Kim Harvey - Mother (W) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at San Antonio, TX on 20 March 2017, and by a 3-2 vote, the Board determined the narrative reason for the applicant's separation is now improper based on the applicant's personal testimony and post service accomplishments (i.e. owns a business and clean subsequent record). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635- 200, Chapter 14-12c, the narrative reason for separation to Misconduct (Serious Offense), the separation code to JKQ, and RE code to 3. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD / RE Code to: Change SPD to JKQ / Change RE to 3 f. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150014410 1