1. Applicant's Name: a. Application Date: 18 August 2016 b. Date Received: 16 September 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 narrative reason change. The applicant seeks relief contending, in effect, he never went AWOL. The applicant states that the Army changed the separation code to JKD, but they did not change the RE code. The applicant states that he went to a separation board and, since he was not lying, they dropped the case. He alleges that the same female he had a problem with was placed over his extra duty. He went to the Inspector General, counselors, asked for help and submitted Personnel Actions every week. The applicant contends that he failed a urinalysis; he asked for help, but never received any. The applicant states that his DD Form 214 does not reflect his two AGCMs or four AAMs. He believes that he was wronged and that he unknowingly walked around for years with that taboo code on his DD Form 214. He received many bad looks and treatment as if he were a deserter and he did not know why. Despite having his patella tendon rupture, with broken knee cap surgery, the applicant states that he was a good Soldier. He did not take convalescent leave, continued to drive and walk around New York and New Jersey with staples and a leg immobilizer, which reflects an example of his dedication. After he changed stations, the applicant contends that the command brought up the charges against him that originally had charges of adultery with the woman that was over his extra duty. The charge was removed, but she said if he stopped, she would ruin his life. He was trying to live right and would like to return to the military. The record indicates the applicant had a prior records review in 2012. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with no clinical encounters found (note: implementation began in 2003). One clinical note dated 1 March 2004 (muscle strain, upper quads) was reviewed. No radiology reports found. Lab results reviewed from June 2003 thru March 2004 (medical urine drug screen - 8 March 2004 & 20 June 2003 - were negative). A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records note five problems (all VA entered) including osteoarthritis of knee, sinusitis, tobacco user and others. The Veterans Affairs has service-connected the applicant at 20 percent overall. In a personal appearance hearing conducted at Arlington, VA on 10 April 2017, 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 / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 May 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 February 2004 (2) Basis for Separation: The applicant tested positive during a command directed urinalysis for marijuana (14 November 2003). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 February 2004 (5) Administrative Separation Board: Conditionally waived, 24 February 2004, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 10 March 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 February 2000 / 3 years / (Note: The applicant extended for 27 months on 4 June 2002, giving him a new ETS of 16 May 2005.) b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91R10, Veterinary Food Inspection Specialist / 7 years, 5 months, 23 days d. Prior Service / Characterizations: RA, 12 November 1996 to 16 February 2000 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM-3, AGCM, GWOTSM, NCOPDR, ASR (Note: The applicant's service record reflects he was awarded the NDSM and a second AGCM, however his DD Form 214 does not reflect these awards.) g. Performance Ratings: May 2002 thru December 2002, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 19 November 2003, reflects the applicant tested positive for THC 270 (marijuana) during an Inspection Random (IR) urinalysis testing conducted on 14 November 2003. FG Article 15, dated 23 January 2004, for wrongfully using marijuana (14 November 2003). The punishment consisted of a reduction to E-2, forfeiture of $669 pay per month for two months (suspended 180 days), and extra duty 21 days. Two Developmental Counseling Forms for positive urinalysis and failing to report to his appointed place of duty. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 17 December 2003, reflects the applicant was mentally responsible with a clear thinking process and had the mental capacity to understand and participate in the proceedings. The applicant was diagnosed with (Axis I) Marijuana Use/Abuse, Partner Relational Problems. 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 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 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. The SPD Code/RE Code Cross Reference Table identifies the appropriate reentry code to assign the Soldier based on the narrative reason for discharge. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. 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 be retained on active duty. The applicant contends the narrative reason for his discharge should be changed because he did not go AWOL. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, 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 "JKQ." 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 did test positive for drugs, he asked for help, but never received any. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. The applicant contends not all of his awards are reflected on his DD Form 214. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends that he had good service. 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. 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 was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 the following additional document(s): Voided DD Form 214 - 2 pages Notification Memo from ARBA - 2 pages b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 10 April 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 SPD / RE Code to: No Change e. 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 AR20160015334 4