1. Applicant's Name: a. Application Date: 1 March 2017 b. Date Received: 6 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. The applicant seeks relief contending, in pertinent part and in effect, after he returned from a deployment in April 2012, he smoked spice on a couple of occasions, but he stopped smoking it two or three months later. A year later, in August 2013, a few friends in his unit were being taken advantage of sexually by someone in the unit. Although that person knew that he had smoked spice, he turned him in for sexual assault, and the same person informed CID that he (the applicant) smoked spice. Thus he confessed and was subsequently discharged. He had never been in any trouble other than admitting to having smoked spice. He was a great Soldier who maintained high APFT scores and was motivated to serving his country. He was too embarrassed to fight the reason for his separation. When he enlisted, he was ready to defend his country and deployed to Afghanistan, where he served honorably. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant did not have a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. SMs electronic military medical records did not indicate behavioral health diagnoses and he does not have a percentage rating from the VA for a behavioral health condition. In a records review conducted at Arlington, VA on 13 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 November 2013 (2) Basis for Separation: The applicant violated CG Policy No. 0-21, Prohibiting Use of Intoxicating Substances, dated 12 August 2010, by wrongfully smoking the intoxicant "Spice" between 1 May 2012 and 31 March 2013. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 12 November 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 November 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 July 2011 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 22 / 14 years / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19K10, M1 Armor Crewman / 2 years, 4 months, 1 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Alaska, SWA / Afghanistan (25 September 2011 to 17 April 2012) f. Awards and Decorations: NDSM; ACM-CS; GWOTSM; ASR; NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report, dated 18 June 2013, indicates the applicant was the subject of an investigation for failing to obey a general order. Negative counseling statement for violating a general order or regulation and failing to obey an order. FG Article 15, dated 17 October 2013, for failing to obey a lawful general order, by wrongfully smoking the intoxicant "Spice," on divers occasions between 1 May 2012 and 31 March 2013. The punishment consisted of a reduction to E-1, forfeiture of $758 pay per month for two months, and 45 days of extra duty and restriction. Report of Mental Status Evaluation, dated 30 October 2013, cleared the applicant for administrative separation in accordance with AR 35-200, from a behavioral health perspective. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 1 March 2017. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service and the issues 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. By the incident of misconduct, the applicant compromised the special trust and confidence placed in a Soldier. He knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 13 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 AR20170004590 1