1. Applicant's Name: a. Application Date: 15 September 2016 b. Date Received: 19 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 change to the narrative reason for separation to reflect "rehabilitation failure." The applicant seeks relief contending, in effect, discipline was not something his unit prioritized and when he got a DUI on post in January of 2011, he was only given a counseling statement. The applicant states that after completing ASAP, he got in trouble again for drugs and alcohol, which happened within the same year, which is why he is requesting his narrative reason to reflect "rehabilitation failure." In a record review hearing conducted at Arlington, VA on 8 May 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 (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 12 February 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 November 2014 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully possessed marijuana, a Schedule I controlled substance; and, received two DUls. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 December 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 January 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 Mar h 2012 / 6 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68E10, Dental Specialist / 2 years, 11 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 19 January 2014, reflects the applicant was the subject of an investigation for driving under the influence of alcohol, excessive speed and expired registration, on post. A negative counseling statement, dated 6 February 2014, for driving under the influence of alcohol, excessive speed and expired registration, on post. General Officer Memorandum of Reprimand (GOMOR), dated 12 March 2014, for operating a motor vehicle while under the influence of alcohol. Report of Mental Status Evaluation, dated 17 October 2014, reflects that there was no evidence of thought disorder or psychotic symptoms. The applicant had never deployed and does not have PTSD or TBI at this time. He was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative proceedings. He does not have a BH condition that warrants disposition through medical channels in accordance with AR 40-501. He was psychiatrically cleared for chapter separation. GOMOR, dated 22 October 2014, for operating a motor vehicle under the influence of marijuana. FG Article 15, dated 23 October 2014, for wrongful possession of marijuana, a Schedule I controlled substance (24 September 2014). The punishment consisted of a reduction to E-2 and extra duty for 14 days and restriction for 30 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application and a support statement (two pages). 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. 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 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. 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 14-12c(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 the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and document 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 his 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 contends that discipline was not something his unit prioritized and when he got a DUI on post in January of 2011, he was only given a counseling statement. 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. Before initiating discharge proceedings, the command ensured the applicant was appropriately counseled about his deficiencies which could lead to separation. The command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier. The evidence contained in the service record establishes the applicant was afforded a reasonable opportunity to overcome noted deficiencies. As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service. The applicant states that after completing ASAP, he got in trouble again for drugs and alcohol, which happened within the same year, which is why he is requesting his narrative reason to reflect "rehabilitation failure." The applicant requests a change to the narrative reason for separation. 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, Misconduct (Drug Abuse). The regulation further stipulates that no deviation is authorized. The third party statement provided with the application speak highly of the applicant's performance. The person providing the character reference statement was in a position to fully understand or appreciate the expectations of the applicant's chain of command. However, as such, this statement provides no 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 record review hearing conducted at Arlington, VA on 8 May 2017, 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 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 AR20160016649 4