1. Applicant's Name: a. Application Date: 13 September 2016 b. Date Received: 15 September 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable and changes to the narrative reason for separation and reentry eligibility (RE) code. The applicant seeks relief contending, in effect, the Army was aware of his drug dependency while he was in service, but did not offer rehabilitation or counseling after his first drug offense. The applicant's post-service actions have demonstrated his ability to beat addiction, rehabilitate himself without the support of the Army, and become a valued member of society. Since his discharge, the applicant has graduated from the Victory Outreach program and has been a sober and highly contributing member of society. The applicant is married, a devoted father to one daughter, currently works full-time, and was recently accepted into the engineering program at Santa Ana College. He believes his discharge was inequitable and he would like to have the opportunity to once again serve his country honorably in the Armed Forces and to create a better life for himself and his family. In a record review hearing conducted at Arlington, VA on 12 June 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 7 September 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 August 2007 (2) Basis for Separation: The applicant wrongfully used cocaine (between on or about 13 and 16 May 2007). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 August 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 July 2006 / 6 years, 27 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / 98 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92W10, Water Treatment Specialist / 1 year, 1 month, 25 days 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: Electronic Copy of DD Form 2624, dated 12 January 2007, reflects the applicant tested positive for THC 46 (marijuana), during an Inspection Unit (IU) urinalysis testing conducted on 3 January 2007. Electronic Copy of DD Form 2624, dated 16 March 2007, reflects the applicant tested positive for DAMP 2763 (D-amphetamine), during an Inspection Unit (IU) urinalysis testing, conducted on 6 March 2007. Military Police Report, dated 23 January 2007, reflects the applicant's commander reported to the Military Police Investigations that the applicant tested positive for marijuana during a during a unit urinalysis inspection conducted on 3 January 2007. Electronic Copy of DD Form 2624, dated 24 May 2007, reflects the applicant tested positive for COC 4720 (cocaine) and DAMP 1429 (D-amphetamine), during an Inspection Random (IR) urinalysis testing, conducted on16 May 2007. CID Report of Investigation-Final, dated 5 June 2007, reflects an investigation determined that the applicant committed the offense of Wrongful Use of a Controlled Substance when he submitted a urine specimen, which subsequently tested positive for D-Amphetamine; and, committed the offense of Wrongful Distribution of a Controlled Substance when he provided another Soldier with his prescribed Adderall (a Schedule II narcotic). FG Article 15, dated 11 July 2007, for wrongfully using cocaine (between 13 and 16 May 2007). The punishment consisted of a reduction to E-1; forfeiture of $650 pay per month for two months; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 2 August 2007, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Several Developmental Counseling Forms for Bar to reenlistment; positive urinalysis (cocaine, D-amphetamine); and, intent to separate from service. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant graduated from the Victory Outreach Program, has been a sober and highly contributing member of society, has had no contact with the criminal justice system, is married and a devoted father to one daughter, works full-time, and was recently accepted into an engineering program at Santa Ana College. 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. 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 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, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable and changes to the narrative reason for separation and reentry eligibility (RE) code. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 marred the quality of his service. 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 the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), 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 (Drug Abuse)," and the separation code is "JKK." 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 his discharge is inequitable because he was not afforded the opportunity for rehabilitation. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. After reviewing the applicant's discharge packet, the separation authority properly indicated that the applicant had no potential for useful service under the conditions of full mobilization and did not elect to retain the applicant for rehabilitative efforts. Moreover, 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 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 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The Army Discharge Review Board is authorized to consider post-service factors in the characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The third party statements provided with the application speak highly of the applicant's performance. 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 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 12 June 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160016659 1