1. Applicant's Name: a. Application Date: 10 March 2017 b. Date Received: 13 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, a change to his narrative reason for discharge and a change to his reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to rejoin the military, employment, and for personal reasons. The applicant contends when applying for a new career, employers like to see the DD form 214 of their future employees to verify military service, currently his DD Form 214 states "Drug Abuse" for the reason as to why he was discharged. It is true that he did make a monumental mistake while enlisted and the repercussions that were taken are understandable and fair, however, he does not want that to follow him for the rest of his life and has to worry about someone seeing his DD form 214 with "Drug Abuse" listed as the reason for discharge. Secondly he comes from a family of proud military veterans from the Army, Air Force, and Coast Guard, he made a terrible choice one night, a choice that makes him feel like a disgrace to himself and to his family. He has not only let his family down, but he has let himself down tremendously. The military was the best career he has ever had and he let peer pressure get to him for the first time in his life and literally ended his career for one night of not thinking on his own. He would like his discharge status changed to honorable so that one day his daughter will see all of the great things that he accomplished while in the military and not be sidetracked and caught off guard by the one dumb mistake that changed everything. In a records review conducted at Arlington, VA on 27 June 2018, 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: 9 March 2015 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: NA (6) Separation Decision Date / Characterization: 17 February 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 June 2014 / 4 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-5 / 12B10, Combat Engineer / 3 years, 4 months, 22 days d. Prior Service / Characterizations: RA, 18 October 2011 to 29 June 2014 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (7 November 2012 to 6 July 2013) f. Awards and Decorations: ARCOM, ACM-CS, NDSM, GWOTSM, ASR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 22 August 2014, reflects the applicant tested positive for COC 5930 OXCOD 1980 OXMOR 1682 during an Inspection Unit (IU) urinalysis testing conducted on 5 August 2014. FG Article 15, dated 10 September 2014, for the wrongful use of cocaine between 1 August 2014 and 8 August 2014. The punishment consisted of reduction to E-4, forfeiture of $1,050 pay per month for two months, and extra duty for 45 days. Counseling statement reference testing positive for cocaine. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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(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 requests an upgrade of his general (under honorable conditions) discharge to honorable, a change to his narrative reason for discharge and a change to his reentry eligibility (RE) code. 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 general (under 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 narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK," with a RE code of 4. 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, reentry code, entered in block 27, 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. 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. 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. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to rejoin the military, employment, and for personal reasons. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. Further, reference upgrading for personal reason, this 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. 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 27 June 2018, 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 Authority to: No Change e. Change SPD / RE Code 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 AR20170004150 4