1. Applicant's Name: a. Application Date: 19 January 2017 b. Date Received: 30 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, that his discharge should be upgraded based on his military record and service to his country. He contends he made a wrong decision and choice in life and if he could he would go back and make a change. He was not in his right state of mind at the time and feels that no man or woman should be judged for one bad choice or decision in life, but based on all the good ones he made and his contributions to society. He requests that the Board kindly review his military service to see that he did not have any negative counseling's prior to his incarceration. He served his country, God, and his unit proudly. His records to include service schools and NCOER's will show he always excelled in every aspect of his military service. He was awarded the Bronze Star Medal for his service while deployed in support of Operation Iraqi Freedom and other awards. He never questioned his superior or the orders that he was given and followed them without hesitation. During his incarceration, he learned that nothing in life was worth losing his family and career. Prison changed his outlook on life and made him realize that no matter how hard life gets and kicks you, you can always find a way to get back up and move forward. Since his release from federal prison, he maintains a job as a Lot Manager for an auto auction, has not used drugs, or any involvement in illegal activity. He contends he is not going to make excuses for himself or his actions, he accepts full responsibility and has paid his debt to society. He apologizes for any discredit he has brought to his country and the unit. The core values he gained throughout his military service have provided him the basis for his post incarceration success. In addition, he ask that a decision be based on the overall Soldier, not just on the one wrong mistake he made. In a records review conducted at Arlington, VA on 4 May 2018, 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 (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 27 February 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 2 February 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 April 2009 / 6 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92Y10, Unit Supply Specialist / 12 years, 3 months, 22 days d. Prior Service / Characterizations: USMC, 17 November 1999 to 28 October 2003 / HD USMCR, 29 October 2003 to 24 March 2005 / NA ARNG, 25 March 2005 to 30 March 2005 / HD USARCG, 1 April 2005 to 19 December 2005 / NA RA, 20 December 2005 to 4 December 2006 / HD RA, 5 December 2006 to 14 April 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (2 October 2006 to 14 November 2007 and 8 February 2009 to 4 February 2010) f. Awards and Decorations: BSM, ARCOM, NCM, AAM-4, MUC-2, NUC, AGCM-3, MCGCM, NDSM-2, ICMAD, ICM-CS, GWOTSM, ASR, OSR-3, NMCOS, NSSDR g. Performance Ratings: 10 October 2008 to 13 March 2011 (three reports), Among the Best 14 March 2011 to 27 February 2012, Marginal h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: 31 days (7 November 2011 to 7 December 2011), as noted on the DD Form 214 under review. The applicant states in his issues that he was incarcerated in a Federal Prison. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a letter of recommendation. 6. POST SERVICE ACCOMPLISHMENTS: He maintains a job as a Lot Manager for an auto auction, has not used drugs, and has not had any involvement in illegal activity. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant seek relief contending that his discharge should be upgraded based on his military record and service to his country. He contends he made a wrong decision and choice in life and if he could he would go back and make a change. He was not in his right state of mind at the time and feels that no man or woman should be judged for one bad choice or decision in life, but based on all the good ones he made and his contributions to society. He requests that the Board kindly review his military service to see that he did not have any negative counseling's prior to his incarceration. He served his country, God, and his unit proudly. His records to include service schools and NCOER's will show he always excelled in every aspect of his military service. He was awarded the Bronze Star Medal for his service while deployed in support of Operation Iraqi Freedom and other awards. He never questioned his superior or the orders that he was given and followed them without hesitation. During his incarceration, he learned that nothing in life was worth losing his family and career. Prison changed his outlook on life and made him realize that no matter how hard life gets and kicks you, you can always find a way to get back up and move forward. Since his release from federal prison, he maintains a job as a Lot Manager for an auto auction, has not used drugs, or any involvement in illegal activity. He contends he is not going to make excuses for himself or his actions, he accepts full responsibility and has paid his debt to society. He apologizes for any discredit he has brought to his country and the unit. The core values he gained throughout his military service have provided him the basis for his post incarceration success. In addition, he ask that a decision be based on the overall Soldier, not just on the one wrong mistake he made. The applicant's post-service accomplishments were noted and the applicant is to be commended on his efforts. However, it is unknown if his contentions have merit because the complete facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the complete discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. Also, it should be noted there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the complete facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available 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 4 May 2018, 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, paragraph 14-12c e. Change SPD / RE Code to: JKQ / RE-3 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 AR20170001777 5