1. Applicant's Name: a. Application Date: 21 February 2017 b. Date Received: 7 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, enjoyed serving the country, including deploying and doing everything expected as a Soldier. A costly mistake during a four-day weekend took everything the applicant ever dreamed of away. The chain of command was very disappointed and to be informed of being discharged, broke the applicant more than anything. The applicant would do anything to reverse taking an ADHD medication that was not prescribed, but had taken it to drive the distance during the weekend. The applicant understood the need for punishment. The base commander made a determination to be discharged from the Army. The applicant always did the best and out- performed to be the best Soldier. The applicant was taking classes in preparation to become an NCO. The applicant feels proud of serving the country, deploying to Afghanistan, earning awards and achieving to being the best Soldier. An upgrade would allow the applicant to continue an education by using the Post 9/11 GI Bill. In a records review conducted at Arlington, VA on 11 January 2019, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's quality of service, to include combat service, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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: 27 March 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 January 2012 (2) Basis for Separation: The applicant wrongfully used D-amphetamine, a schedule II controlled substance. (3) Recommended Characterization: The unit commander recommended an honorable discharge and retention, the battalion commanders recommended retention, and the brigade commander recommended a General (Under Honorable Conditions) discharge. (4) Legal Consultation Date: Waived, 24 January 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: In an undated memorandum, the GCMCA directed General (Under Honorable Conditions) discharge. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 July 2009 / 6 years, 23 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 2 years, 8 months, 21 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Afghanistan (NIF) f. Awards and Decorations: ARCOM; NDSM; ACM-2CS; GWOTSM; ASR; OSR; NATO MDL; CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DA Form 4187, dated 1 March 2011, indicates the applicant received a battlefield promotion to E-4, on 1 March 2011. An Electronic Copy of the DD Form 2624 (Specimen Custody Document - Drug Testing), dated 21 September 2011, indicates the specimen collected on 9 September 2011, on an "IU" (Inspection, Unit) basis, provided by the applicant, tested positive for "D-Amphetamine." Negative counseling statement for wrongfully using a controlled substance and failing to comply with AR 600-85. FG Article 15, dated 15 November 2011, for wrongfully using D-amphetamine, a schedule II controlled substance on 6 September 2011. The punishment consisted of a reduction to E-3, forfeiture of $919 (suspended), and 30 days of extra duty. Report of Mental Status Evaluation, dated 11 November 2011, indicates the applicant was cleared for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; graduate certificate; two certificates of training; ARCOM certificate with its recommendation; certificate of achievement; certificate of completion; DD Form 214; two supporting statements; unit commander's recommendation for retention and an honorable discharge; battalion commander's recommendation; three statements of support; birth certificate; and picture depicting social security card. 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(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, paragraph 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 his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents 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. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By the incident of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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 these incidents, 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 applicant contends that an upgrade of his discharge would allow him to return to school with his educational benefits through the use of the GI Bill. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c(2) is "Misconduct (Drug Abuse)," and the separation code is JKK. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 11 January 2019, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's quality of service, to include combat service, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20170005504 1