1. Applicant's Name: a. Application Date: 5 March 2016 b. Date Received: 10 March 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 a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, he had two positive drug screenings in a two year time span and he completed the Army Substance Abuse Program requirements and was stable on medication before his discharge. He contends he is actively involved in Alcoholics Anonymous, receiving treatment through the VA and has been successful at the treatment program with no positive drug screenings. While holding a CDL for 12 months he has been required to adhere to federal drug testing laws in which he has had no positive drug screenings. He has been successful at securing a job that supports his treatment and there is no interference between work and treatment. Upon entering the Army Substance Abuse Program he attended an inpatient treatment program to be induced on medication while attending treatment classes, upon exiting the program he attended a four week advanced intensive outpatient program which he successfully completed with no positive drug screenings as well as weekly blood draw testing. He continues to attend his treatment and keep his appointments while maintaining stability as a patient on medication. He also contends that prior to his discharge he was informed that he would be receiving an honorable discharge because he had no prior incidents or issues while serving but because of a new commander and the number of other Soldiers being discharged for positive drug screenings that decision was changed. In a records review conducted at Arlington, VA on 19 July 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 (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 23 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions), under the provisions of AR 635-200, Chapter 14-12c(2), misconduct-abuse of illegal drugs. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 September 2012 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 18 / NIF / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19K10, M1 Armor Crewman / 2 years, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; certificate for completion of the 600 hour Master Truck Driving Training Program and the academic transcript; and health evet personal information reports (34 pages and 7 pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has completed and graduated from a technical school while holding a valid CDL. He is actively involved in Alcoholics Anonymous, receiving treatment through the VA and has been successful in the treatment program with no positive drug screenings in the program. 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 a change to his narrative reason for discharge. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's available record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant seeks relief contending, he had two positive drug screenings in a two year time span, he completed the Army Substance Abuse Program requirements and was stable on medication before discharge. Upon entering the Army Substance Abuse Program he attended an inpatient treatment program to be induced on medication while attending treatment classes, upon exiting the program he attended a four week advanced intensive outpatient program which he successfully completed with no positive drug screenings as well as weekly blood draw testing. He continues to attend his treatment and keep his appointments while maintaining stability as a patient on medication for his treatment. He also contends that prior to his discharge he was informed that he would be receiving an honorable discharge because he had no prior incidents or issues while serving but because of a new commander and the number of other Soldiers being discharged for positive drug screenings that decision was changed. The applicant's contentions were carefully considered. However, it is unknown if these contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. Furthermore, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statement alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge He contends he is actively involved in Alcoholics Anonymous, receiving treatment through the VA and has been successful at the treatment program with no positive drug screening. While holding a CDL for 12 months he has been required to adhere to federal drug testing laws in which he has had no positive drug screenings. He has been successful at securing a job that supports his treatment and there is no interference between work and treatment. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application. The applicant is to be commended on his post- service accomplishments. 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 abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the completes facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. The appropriate SPD code and narrative reason for discharge to assign enlisted Soldiers who are discharge for misconduct (drug abuse) is "JKK" and the RE code is 4. The regulation further stipulates no deviation is authorized. 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 19 July 2016, 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 e. Change SPD / RE Code to: No Change 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 AR20160005862 1