1. Applicant's Name: a. Application Date: 6 January 2016 b. Date Received: 12 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, she was not afforded substance abuse screening for evaluation, education, and/or treatment for substance use or abuse. This was her first offense and only positive testing; she was demoted, fined, placed on restriction, and discharged with a general discharge. Her performance and demeanor was excellent during her service. Should her discharge be upgraded, she would like to reenlist. She did not ask for a counselor or a board hearing because she was told that after six months her discharge would be automatically upgraded. In a records review conducted at Arlington, VA on 2 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was both proper and equitable and voted to deny relief.. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214 contains various erroneous entries. In view of the errors, the Board directed a new DD Form 214 be reissued with the following administrative corrections: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (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-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 March 2004 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 9 February 2004 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she tested positive for wrongful use of marijuana (16 October 2003). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 February 2004, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 March 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 April 2002 / 4 years b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 1 year, 11 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 17 December 2003, for wrongfully use marijuana between (16 September 2003 and 16 October 2003); reduction to PVT / E-1, forfeiture of $575 pay for two months (suspended), extra duty and restriction for 45 days. A negative counseling statement for wrongful use of marijuana and separation action under chapter 14. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a 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. 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 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, 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 at the time of separation. 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 she should have been retained on Active Duty. The applicant seeks relief contending, she was not afforded substance abuse screening for evaluation, education, and/or treatment for substance use or abuse. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was denied the opportunity to attend the Army Substance Abuse Program (ASAP). AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the ASAP counseling center for assistance. The applicant further contends, this was her first offense and only positive testing; she was demoted, fined, placed on restriction, and discharged with a general discharge. 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 of service. 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 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 applicant also contends, her performance and demeanor was excellent during her service. The applicant's service accomplishments and the quality of her service prior to the incident that caused the initiation of discharge proceeding were carefully considered. The applicant additionally contends, she did not ask for counselor or a board hearing. The record of evidence (election of rights), shows that the applicant waived her right to counsel. The applicant had less than six years total active and reserve service at the time of initiation of separation action, and she was not being considered for an under other than honorable conditions discharge. Therefore, she was not entitled to have her case heard by an administrative separation board. Furthermore, the applicant contends, should her discharge be upgraded, she would like to reenlist. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant should have been appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment Lastly, the applicant contends, she was told that after six months her discharge would be automatically upgraded. The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 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 2 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was both proper and equitable and voted to deny relief. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214 contains various erroneous entries. In view of the errors, the Board directed a new DD Form 214 be reissued with the following administrative corrections: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. 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 SPD / RE Code to: Change SPD to JKQ / 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 AR20160001821 4