1. Applicant’s Name: a. Application Date: 1 July 2015 b. Date Received: 22 October 2015 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general, under honorable conditions. The applicant seeks relief contending, in effect, he was accused of wrongfully distributing Percocet when in fact he committed no such action. He contends he was conspired against, punished and humiliated. No evidence was obtained to prove the accusation that he had allegedly committed. A prior records review was conducted on 25 February 2015. In a personnel appearance review conducted at Arlington, VA on 25 April 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Uncharacterized b. Date of Discharge: 23 March 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 February 2013 (2) Basis for Separation: The applicant was informed of the following reason: wrongful use and distribution of Percocet and receiving a Field Grade Article 15 for his misconduct. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 26 February 2013, the applicant waived his right to legal counsel (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 14 March 2013 / Uncharacterized 4. SERVICE DETAILS: a. Date/Period of Enlistment: 16 October 2012 / 17 weeks (ADT) b. Age at Enlistment/Education/GT Score: 22 years / College Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-3 / None / 9 months and 23 days d. Prior Service/Characterizations: ARNG-31 May 2012-15 October 2012 / NA e. Overseas Service/Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Article 15, imposed on 1 February 2013, for wrongful distribution of Percocet to two Soldiers between 19 December 2012 and 7 January 2012. The punishment consisted of reduction to the grade of E-1 and forfeiture of $379 pay per month for two months. Several negative counseling statements, dated between 14 January 2013 and 8 February 2013, for recommendation for Chapter 11 and Chapter 14 separation, bar to reenlistment, suspension of favorable actions, and wrongful distribution of prescription pills (Percocet). A CID Report, dated 14 January 2013, reflects the applicant was the subject of an investigation for wrongful distribution of Percocet. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Status Evaluation, dated 25 January 2013, reflects the applicant had a clear and normal thought process, was mentally responsible and had no psychiatric disease or defect which warranted disposition through medical channels. The applicant had a negative screening for Post-Traumatic Stress Disorder and mild Traumatic Brain Injury. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to general, under honorable conditions. The applicant’s record of service, the documents and the issues submitted with the 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 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 separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status. The Regulation also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. Furthermore, the uncharacterized description of service accurately reflects the applicant’s overall record of service. An uncharacterized separation means the Soldier has not been in the Army long enough for his character of service to be rated as honorable or otherwise. A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty. The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. The applicant seeks relief contending, he was accused of wrongfully distributing Percocet when in fact he committed no such action. He contends he was conspired against, punished and humiliated. No evidence was obtained to prove the accusation that he had allegedly committed. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was wrongfully accused. In fact, the applicant’s FG Article 15 and numerous negative counseling statements justify his discharge. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional document(s): a. Certificates – 11 pages b. Letter of Character – 2 pages c. Pictures – 2 d. Medical Evaluation – 1 page e. Resume – 1 page 2. The applicant presented the following additional contention: Change Re-Entry Code to 1 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: 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: 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 AR20150016706 4