1. Applicant's Name: a. Application Date: 24 August 2016 b. Date Received: 29 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he takes full responsibility for his actions that caused him to receive a general discharge and he has changed his ways and respectfully request consideration to upgrade his discharge. In a records review conducted at Arlington, VA on 15 November 2017, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service and post-service accomplishments (i.e. completed education and drug rehabilitation and has been steadily employed). Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to 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. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 August 2002 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 3 August 2002 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; misconduct-abuse of illegal drugs (cocaine). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 August 2002, the applicant waived his right to consult with legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 August 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 September 2000 / 3 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B1P, Infantryman / 1 year, 11 months, 10 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: A positive urinalysis tests coded IU (Inspection Unit), dated 14 April 2002, for cocaine. FG Article 15, dated 5 June 2002, for wrongful use of cocaine between (7 April 2002 and 14 April 2002); reduction to PVT / E-1, forfeiture of $552 pay for two months (suspended), extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 22 July 2002, which shows that there was no evidence of an emotional or mental disorder of psychiatric significance of sufficient severity to warrant disposition through medical channels. 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. He was cleared for any administrative action deemed appropriate by command. The applicant received a negative counseling statement, dated 24 May 2002, for a positive drug test. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); three support / character statements; drug court program documents (87 pages); ADRB screening checklist; and a letter, entitled Director, Case Management Division. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application he tried to better himself by completing drug court and all recovery related classes available to him in his area. He attended community meetings (NA & AA) on a regular basis which was usually a few times a week. He also did a lot of volunteer recovery work and held a full time job with the Virginia Department of Transportation for four years. He is currently in his junior year at Old Dominion University enrolled in Civil Engineering. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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, by violating the Army's policy not to possess or use illegal drugs, 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 at the time of separation. 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 applicant seeks relief contending, he takes full responsibility for his actions that caused him to receive a general discharge; and he has changed his ways and respectfully request consideration to upgrade his discharge. The applicant is to be commended for his post-service accomplishments as outlined on the application. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The third party statements provided with the application speak highly of the applicant's performance. 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 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 15 November 2017, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service and post-service accomplishments (i.e. completed education and drug rehabilitation and has been steadily employed). Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to 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. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code 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 AR20160015232 1