1. Applicant's Name: a. Application Date: 25 February 2016 b. Date Received: 14 March 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he disagrees with the decision to discharge him with a UOTH. The incident that led to his discharge was when the other party punched him and he was only defending himself as he was afraid. He owns up to his mistakes. He has learned from the consequences of his mistakes. He is trying to return to school and start a new life. Even getting a job was difficult for him. In a records review conducted at Arlington, VA on 2 June 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 / Under Other Than Honorable Conditions b. Date of Discharge: 27 September 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 July 2015 (2) Basis for Separation: The applicant was informed of the following reasons: Between 14 February 2015 and 16 March 2015, the applicant wrongfully used Marijuana, a schedule I controlled substance. On 27 February 2015, the applicant committed an assault upon SPC W by striking him in the neck with a liquor bottle. O 27 February 2015, the applicant consumed alcohol despite being underage. Between 27 February 2015 and 24 March 2015, on diverse occasions, the applicant failed to report to his place of duty. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 6 August 2015 and 9 September 2015 (5) Administrative Separation Board: Waived, 9 September 2015 (6) Separation Decision Date / Characterization: 17 September 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 April 2013 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 2 years, 4 months, 28 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / United Arab Emirates (19 February 2014 to 15 February 2015) f. Awards and Decorations: NDSM; GWOTEM; GWOTSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 29 August 2014, for failing to go to his appointed place of duty at the prescribed time on four separate occasions on 20 June 2014, 1 and 26 May 2014 x 2, and 6 July 2014. The punishment consisted of forfeiture of $421, 14 days of extra duty and restriction, and an oral reprimand. CG Article 15, dated 24 January 2015, for failing to go to his appointed place of duty at the prescribed time on six separate occasions on 5 and 17 September 2014, 3 October 2014, and 3, 5, and 23 December 2014. The punishment consisted of a reduction to E-2, forfeiture of $404, 14 days of extra duty and restriction, and an oral reprimand. FG Article 15, dated 28 May 2015, for failing to go to his appointed place of duty at the prescribed time on seven separate occasions on 27 February 2015, and 6, 11, 16, 20, 23, and 24 March 2015; wrongful consuming alcohol while under the age of 21 on 27 February 2015; wrongfully using marijuana between 16 February and 16 March 2015; and assaulting SPC W by striking him in the face and neck with a force likely to produce death or grievous bodily harm, to wit: a liquor bottle on 27 February 2015. The punishment consisted of a reduction to E-1, forfeiture of $773 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. FG Article 15, dated 31 August 2015, for wrongfully using marijuana (tetrahydrocannabinol), a Schedule I controlled substance, dated 31 August 2015. The punishment consisted of forfeiture of $773 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for the Correction of Military Records), dated 25 February 2016, with DD Form 293 (Application for the Review of Discharge), undated. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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, paragraph 14-12c(2), 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 under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service and the issues 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 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 sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends the discharge was unjust because he disagrees with the characterization of his service. 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 his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discharged. 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 applicant contends an upgrade would allow him to go to school and the opportunity to obtain an employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 2 June 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 AR20160007008 5