1. Applicant’s Name: a. Application Date: 17 October 2015 b. Date Received: 16 March 2016 c. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and a change of his narrative reason for separation to “Secretarial Authority.” The applicant stated in his application (blocks 6 and 8) “see supplemental statement”; however, the said statement was not included with the application. Therefore, the applicant submitted no issues of equity or propriety to be considered by the board. Per the Board’s Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with no clinical encounters (note: AHLTA implementation began in 2003). There were no clinical notes, radiology or laboratory reports. Report of Medical History (Standard Form 93) dated 23 July 2001 was unremarkable (cocaine abuse and cigarettes 1 pack per day x 3 years). Report of Medical Assessment (DD Form 2697) dated 23 July 2001 was unremarkable. Report of Medical Examination (Standard Form 88) on 23 July 2001 with clinical evaluation remarkable for tattoo, PULHES-111111, qualified for retention/separation. Patient Progress Report (DA Form 4466-R) dated 9 August 2001 for release from ADAPCP program. Report of Mental Status Evaluation (DA Form 3822-R) dated 16 August 2001 for Chapter 14 separation with diagnoses: Axis I – none: Axis II – deferred; Axis III – none; Axis IV – problems with occupation; meets retention standards. A limited review through the JLV (Joint Legacy Viewer) of the applicant’s Veterans Administration records notes no problems (no record in VA system). In a personal appearance hearing conducted at Arlington, VA on 23 January 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s personal testimony and post-service accomplishments, and is now inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 17 September 2001 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 August 2001 (2) Basis for Separation: The applicant received two Article 15s for wrongfully using cocaine (3 January 2001) and breaking restriction (30 March 2001). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 23 August 2007 (5) Administrative Separation Board: Waived, 23 August 2007 (6) Separation Decision Date / Characterization: 10 September 2001 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 August 1999 / 3 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11C10, Indirect Fire Infantryman / 2 years, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624 reflects the applicant tested positive during a urinalysis test coded IU (Inspection Unit), dated 3 January 2001, for cocaine. FG Article 15, dated 23 February 2001, for wrongfully using cocaine (3 January 2001). The punishment consisted of a reduction to E-1, forfeiture of $502 pay per month for two months, and extra duty and restriction for 45 days. FG Article 15, dated 12 June 2001, for failing to obey a lawful general regulation (15 March 2001) and breaking restriction (30 March 2001). The punishment consisted of forfeiture of $521 pay per month for two months, extra duty for 45 days (15 days suspended), restriction for 45 days, and an oral admonishment. Bar to Reenlistment Certificate, dated 14 March 2001. Report of Mental Status Evaluation, dated 16 August 2001, reflects the applicant was mentally responsible for his behavior, could distinguish right from wrong and possessed sufficient mental capacity to participate in administrative or judicial proceedings. The applicant was cleared for any administrative or judicial actions deemed appropriate by his command. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and 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. 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. 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 under other than honorable conditions discharge to honorable and a change to his narrative reason for separation to “Secretarial Authority.” 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. 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 his service below that meriting an honorable discharge. The appropriated SPD code and narrative reason to assign enlisted Soldiers who are discharged for Misconduct is “JKK” and the RE code is “4.” The regulation further stipulates 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. 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 his 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: Issue Summary/Supplemental Statement – 1 page Letter of Recommendation – 2 pages Diplomas and Certificates – 3 pages CV – 2 pages Volunteer Summary – 2 pages Family Picture – 1 page b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 23 January 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s personal testimony and post-service accomplishments, and is now inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General (Under Honorable Conditions) 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 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 AR20160005907 5