1. Applicant's Name: a. Application Date: 12 February 2016 b. Date Received: 16 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and an RE code change. The applicant seeks relief contending, in effect, he enlisted because this was an opportunity to pave a path for his future and to serve his country. He is proud of his service, wherein he completed many training programs, became a young leader and served on three combat tours. He was discharged during his deployment to Afghanistan for misconduct. During his separation proceedings, he did not receive a medical or a mental evaluation; never received an Article 15; was not given the option for legal counsel; and, was not given the opportunity to speak with his battalion or brigade commander. His chapter was unjust and he believes it is a wrongful misinterpretation of his character. He was never the type of Soldier to take the easy route out and never used drugs as an escape. He never participated or advocated the use of any type of drugs, nor did he have a positive urinalysis. He never had a disruptive background with a pattern of misconduct or any other disciplinary actions. He believes that he had always been a model Soldier during his service. Before the chapter proceedings, his unit had several health and welfare inspections, including individual interviews and random drug testing with the Military Police and the Criminal Investigation Command. He always maintained his integrity and never veered from his responsibilities of a Soldier. Since his separation, he graduated from Wyotech in 2012 and received certificates in Air brake systems, Hvac, and Mobile Air Conditioner Systems. Additionally, he had his own business as a mobile mechanic from 2013 to 2014. Currently, he is a diesel technician and desires the opportunity to serve and defend his country again. In a records review conducted at Arlington, VA on 7 June 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 16 May 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons: Possessed and distributed to other service members Xanax and Klonopin, both Schedule IV controlled substances while receiving special pay under 37 U.S.C. § 310. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 March 2011 (5) Administrative Separation Board: On 28 March 2011, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. The applicant was not entitled to an administrative separation board. (6) Separation Decision Date / Characterization: 11 April 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 March 2008 / 6 years b. Age at Enlistment / Education / GT Score: 21 / General (Under Honorable Conditions) / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 5 years, 11 months, 22 days d. Prior Service / Characterizations: RA, 25 May 2005 - 25 March 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq (16 December 2005 - 14 November 2006; 15 June 2008 - 16 June 2009), Afghanistan (15 July 2010 -22 April 2011) f. Awards and Decorations: ACM-CS, ICM-3CS, NATOMDL, AGCM, NDSM, GWOTSM, NCOPDR, ASR, OSR-3 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Form notifying the applicant of the intent to separate him from service. Report of Behavioral Health Evaluation, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, with all allied documents listed in block 9 of the application. 6. POST SERVICE ACCOMPLISHMENTS: Earned professional certifications and had his own business. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and an RE code change. The applicant's record of service, 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 be retained on Active Duty. The applicant contends the discharge was unjust because he did not receive a medical or a mental evaluation; never received an Article 15; was not given the option for legal counsel; and, was not given the opportunity to speak with his battalion or brigade commander. 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 unjustly discriminated against while being separated from the servcie. In fact, the applicant's separation packet reflects he was advised by counsel on 28 March 2011; and, he received a behavioral health evaluation on 18 March 2011. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The applicant contends that he had good service which included three combat tours. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 7 June 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 Authority 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 AR20160004207 1