1. Applicant's Name: a. Application Date: 27 June 2016 b. Date Received: 28 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in pertinent part and in effect, he was a young Soldier, who did not clearly understand the process of his separation. He is now very active with his community. His UOTH should be overturned because he is innocent of being charged with possession with intent to sell and deliver cocaine at a property at which he did not live. He lived on post. His current discharge makes it very difficult for job interviews and employment in a decent field. In a records review conducted at Arlington, VA on 06 September 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27 and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c b. block 26, separation code changed to JKQ c. block 27, reentry code changed to 3 d. block 28, narrative reason for separation changed to Misconduct (Serious Offense) (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: 26 July 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 March 2005 (2) Basis for Separation: Pursuant to AR 635-200, paragraph 14-12c (2), abuse of illegal drugs, the applicant was further informed of the following reasons: possessing cocaine with intent to sell; maintaining a dwelling use for keeping and selling Crack Cocaine; and resisting apprehension. (3) Recommended Characterization: Under Other Than Honorable Conditions) (4) Legal Consultation Date: 14 March 2005 (5) Administrative Separation Board: 12 May 2005, Under Other Than Honorable Conditions discharge (6) Separation Decision Date / Characterization: 15 July 2005 / Under Other Than Honorable Conditions (Note the GCMCA referred to reviewing and approving the request for separation in accordance with AR 635-200, paragraph 14-12c, commission of a serious offense) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 October 2002 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 2 years, 9 months, 6 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 9 July 2004, indicates the applicant was the subject of an investigation for trafficking in cocaine, possessing cocaine with intent to distribute, maintaining a dwelling, possession of drug paraphernalia, and resisting a public officer. Administrative Separation Board Proceedings, dated 12 May 2005, and its associated documents with civilian police report, findings and recommendations, and summary of the proceedings indicate the board found the applicant committed abuse of illegal drugs that warranted separation due to abuse of illegal drugs with an under other than honorable conditions discharge certificate. Mental Status Evaluation, dated 28 October 2004, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Forms 293 and 149 (Applications for the Review of Discharge and Correction of Military Record) with self-authored statement, dated 7 June 2016; DD Form 214; attorney-authored letter, undated; three character reference statements; debt verification sheet; unit clearance record; installation clearance record; pre-separation counseling checklist; DA Form 4187 (Advancement to PFC); Driver Improvement Training with Defensive Drive Course certificates; completion of basic training certificate; Quartermaster School diploma; and Quartermaster affiliation certificate. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is an active member with his community. 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. 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions to general (under honorable conditions). The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. After carefully reviewing the application, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(2), block 26 separation code as "JKK," block 27 reentry code as "4," and block 28, narrative reason for separation as "Misconduct." Therefore and as approved by the separation authority, the following administrative corrections are recommended: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; c. block 27, reentry code to 3; and d. block 28, reason for separation to Misconduct (Serious Offense). The record further 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 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 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 that he was very young at the time of his separation. However, 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 the discharge was unjust because he is innocent of being charged with possession with intent to sell and deliver cocaine at a property at which he did not live. 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 sufficient 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 sufficient evidence has been provided with the request for an upgrade of the discharge. The third party statements provided with the application speak highly of the applicant's character. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant contends an upgrade would allow him to obtain a decent employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. In consideration of his contention that he is very active with his community as a post-service accomplishment, the Board can find that his post-service achievement was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 06 September 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27 and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c b. block 26, separation code changed to JKQ c. block 27, reentry code changed to 3 d. block 28, narrative reason for separation changed to Misconduct (Serious Offense) 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD/RE Code to: Change SPD to JKQ / Change to RE code to 3 f. Restore 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 AR20160012203 5