1. Applicant’s Name: a. Application Date: 30 March 2016 b. Date Received: 7 April 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. The applicant seeks relief contending, in effect, he desires to present his case before Board. The record reflects the applicant had a prior records review on 18 December 2013. In a personal appearance hearing conducted at Warner Robins, GA on 16 November 2016, and by a 4-1 vote, the Board denied the request upon finding the characterization of service being both proper and equitable. However, based on the applicant’s length and quality of his service, to include his combat service, the circumstances surrounding his discharge (i.e. the use of expired medication from a previous surgery, which does not constitute a serious offense), and his personal testimony, the Board determined the narrative reason for the applicant's separation is now improper. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. No change to RE-Code. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 14 January 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 November 2010 (2) Basis for Separation: The applicant received a FG Article 15 on 27 October 2010 for wrongfully using oxymorphone (29 July 2010), failing to be at the time prescribed to his appointed place of duty (15 June 2010 and 2 September 2010), and being derelict in the performance of his duties (19 August 2010). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 November 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 November 2006 / 6 years b. Age at Enlistment / Education / GT Score: 18 / GED / 119 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15T10, UH-60 Helicopter Repair / 4 years, 1 month, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Japan, SWA / Iraq (8 May 2007 to 29 July 2008) f. Awards and Decorations: AAM-2, AGCM, NDSM, GWTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 10 September 2010, reflects the applicant tested positive for oxymorphone during an Inspection Random (IR) urinalysis testing conducted on 29 July 2010. FG Article 15, dated 27 October 2010, for wrongfully using oxymorphone (29 July 2010); failing to go at the time prescribed to his appointed place of duty (15 June 2010 and 2 September 2010); and, for dereliction of duty (19 August 2010). The punishment consisted of a reduction to E-1. Numerous Developmental Counseling Forms for testing positive for oxymorphone; no legitimate medical use for oxymorphone; failing to be at his appointed place and time for duty; disobeying lawful orders; and, failure to repair. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. 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 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 have been retained on Active Duty. 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 document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents or contentions b. Witness: Yes (Father) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Warner Robins, GA on 16 November 2016, and by a 4-1 vote, the Board denied the request upon finding the characterization of service being both proper and equitable. However, based on the applicant’s length and quality of his service, to include his combat service, the circumstances surrounding his discharge (i.e. the use of expired medication from a previous surgery, which does not constitute a serious offense), and his personal testimony, the Board determined the narrative reason for the applicant's separation is now improper. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. No change to RE-Code. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Minor Infractions) AR 635-200, Chapter 14-12a d. Change SPD / RE Code to: JKN / 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 AR20160007543 4