1. Applicant's Name: a. Application Date: 22 March 2016 b. Date Received: 28 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 the narrative reason for separation. The applicant seeks relief contending, in effect, he desires to serve once again in the ranks of the US Army. At the time of his separation, he was hurt from the loss of his grandfather who had raised him from birth. He knows he made a bad choice to use marijuana and it was not justified, but he made it to deal with his pain. His misconduct was over 10 years ago and he has now matured. While in the military, he reenlisted twice after serving honorably. If the Board grants him relief, he will reenlist to serve the country. In a records review conducted at Arlington, VA on 19 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, severe family matters (i.e. marital stressors and death of grandfather, loco parenthis - compassionate consideration), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry eligibility code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200 / Chapter 14-12c (2) / JKK / RE-3 / General (Under Honorable Conditions) / (Note: The DD Form 214, block 27, incorrectly reflects "RE-3." The correct RE Code should reflect "RE-4.") b. Date of Discharge: 29 July 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 July 2005 (2) Basis for Separation: The applicant had a positive urinalysis. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 July 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 July 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 April 2005 / 5 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-5 / 63B10, Light Wheeled Vehicle Mechanic / 4 years, 5 months, 7 days d. Prior Service / Characterizations: RA, 23 February 2001 to 9 October 2003 / HD RA, 10 October 2003 to 25 April 2005 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Forms, dated 12 May 2005, for positive urinalysis. Electronic Copy of DD Form 2624, dated 10 May 2005, reflects the applicant tested positive for THC 81 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 29 April 2005. FG Article 15, dated 26 May 2005, for wrongfully using marijuana (between 15 and 25 April 2005). The punishment consisted of a reduction to E-4; forfeiture of $938 pay per month for two months; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 13 June 2005, 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 submitted with the application. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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). 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 marred the quality of his service. 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 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 narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635- 200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct," and the separation code is "JKK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. The discharge packet confirms the separation authority approved the discharge by reason of Misconduct (Commission of Serious Offense - Abuse of Illegal Drugs). Soldiers processed for misconduct (Abuse of Illegal Drugs) will be assigned an SPD Code of JKK and an RE Code of 4. 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 should have been assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The applicant contends that he was immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends that he had good service which included a combat tour. 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. Notwithstanding, the administrative error, 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 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, severe family matters (i.e. marital stressors and death of grandfather, loco parenthis - compassionate consideration), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry eligibility code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change to SPD code / Change RE to 4 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 AR20160006563 1