1. Applicant's Name: a. Application Date: 24 August 2015 b. Date Received: 11 September 2015 c. Counsel: . REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable, a change to the SPD code from "JKK" to "JBK," and a change to her reentry eligibility (RE) code from "RE-4" to "RE-1." The applicant seeks relief contending, in effect, that her characterization of service is unjust and that it is based on an isolated incident. The applicant contends she had good service, which was noted by members of her chain of command and evidenced by the awards and decorations she received. She believes her conduct clearly falls within the guidelines of Army Regulation 135-178, Chapter 2, Section III, paragraph 2-9 to receive an honorable discharge (i.e., an honorable discharge is when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance). Per the Board's Medical Officer, based on the information available for review at the time, the changes the applicant is seeking to her discharge are based on what she views as mistakes, overall quality of her service, and injustices during her discharge. She had a pre-discharge Mental Status Exam that cleared her for discharge and also determined that she met medical retention standards. Her pre-discharge Medical Exam also noted no disqualifying conditions. She did test positive on a screen for PTSD, but the examiner did not diagnose PTSD and believed that even if she had PTSD, it did not impact his judgment as to her being cleared for discharge. In her pre-discharge Medical Exam, she complained of insomnia, worry, and depression, but the physician noted these conditions were being treated by behavioral health, and provided a profile of 111111. She did have a behavioral health diagnoses that included Anxiety and Adjustment Disorder. These conditions emerged after she was disciplined over the use of synthetic marijuana or "spice" in September 2012. Her Anxiety peaked and she received a diagnosis of Adjustment Disorder after her Command rejected a sexual harassment complaint she had brought against an NCO. She also made representation during the clinical interview in which she received the Adjustment Disorder diagnosis that contradict what is contained in CID and other records. In particular, she denied use to the provider and also denied having a positive urine screen for spice. Her pre-discharge MSE did NOT find her to have any substance use disorder. In a records review conducted at Arlington, VA on 8 March 2017, 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: 5 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 April 2013 (2) Basis for Separation: The applicant wrongfully used "Spice" on 3 December 2012 and possessed "Spice" on 7 December 2012. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 May 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 May 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 August 2011 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Operation / 1 year, 9 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Laboratory Confirmed Biochemical Test Results indicates a urine sample was collected from the applicant based on a Command Directed Probable Cause (PO) on 7 December 2012. JWH-018 N-COOH (JWH-018 N- pentatonic acid) was confirmed in the urine by using liquid chromatography tandem mass spectrometry (LC/MS/MS). CID Report of Investigation, dated 14 December 2012, reflects the applicant was the subject of an investigation for failing to obey order or regulation by possessing and using "Spice." FG Article 15, dated 27 February 2013, for wrongfully possessing "Spice" (7 December 2012). In block 4a, the imposing authority indicating that the applicant was not guilty of all specifications. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 10 April 2013, reflects the applicant was diagnosed with (Axis I) adjustment disorder with mixed emotional features (per Dr. M.). It was noted that the applicant was screened for PTSD with a positive result. Based on available date, the applicant met medical fitness standards for retention defined in AR 40-501. The applicant was cleared from a behavioral perspective for any administrative action deemed appropriated by her command. There was no evidence of a mental disorder that was the direct or substantial contributing cause of the conduct that led to the recommendation form administrative separation. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and legal brief, with attachments listed on page 2 of brief. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since her discharge she has worked continually to keep up on her obligations. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable, a change to the SPD code from "JKK" to "JBK," and a change to her reentry eligibility (RE) code from "RE-4" to "RE-1." The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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 her service below that meriting an honorable discharge. The appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for drug offenses is "JKK" and the RE code is 4. The regulation further stipulates that 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, such that he should have been retained on Active duty. The applicant contends that her characterization of service is unjust and that it is based on an isolated incident. The applicant contends she had good service which was noted by members of her chain of command and awards and decorations she received. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceedings were carefully considered and the applicant is to be commended. It should be noted by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug offense). It appears the applicant's generally good record of service was the basis for her receiving a GD instead of the normal UOTHC discharge. The applicant contends her conduct clearly falls within the guidelines of Army Regulation 135- 178, Chapter 2, Section III, paragraph 2-9 to receive an honorable discharge (i.e., an honorable discharge is when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance). The applicant's contentions was noted; however, evidence shows the applicant was discharged in accordance with AR 635-200, for the wrongful use and possession of "Spice." The applicant knowingly risked a military career and diminished the quality of her service below that meriting an honorable discharge. 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 her 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 8 March 2017, 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: 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 AR20150015561 1