1. Applicant's Name: a. Application Date: 16 April 2017 b. Date Received: 6 May 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 general (under honorable conditions). The applicant seeks relief contending, in effect, he does not qualify for VA benefits with his current characterization of service. He states, with an upgrade to general (under honorable conditions) and his service in Afghanistan, he believes he would be entitled to VA benefits. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with behavioral health issues. However, the nature of the behavioral health conditions do not mitigate the misconduct. In a records review conducted at Arlington, VA on 24 August 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: 24 February 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 October 2010 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: He disobeyed a lawful general order on or about 16 January 2010; He failed to go to his appointed place of duty on 23 February 2010; He wrongfully used cocaine between on or about 24 April 2010 and on or about 27 April 2010, He received a DUI on 3 June 2010; He received a DUI on 15 June 2010; He was arrested for failure to appear in Cumberland County District Court on charges of DWI on 16 September 2010; He absented himself from his unit without authority on or about 22 June 2010, and remained absent until on or about 18 September 2010; He failed to appear in Federal Court for a DUI charge on 4 October 2010; and, He committed larceny of food and services at the Outback restaurant in Fayetteville, North Carolina, on or about 16 October 2010. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 December 2010 (5) Administrative Separation Board: On 3 November 2010, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than a general (under honorable conditions) discharge. On 30 November 2010, the separation authority disapproved the applicant's conditional waiver. On 6 January 2011, the applicant was notified to appear before an administrative separation board and advised of his rights. On 6 January 2011, the applicant unconditionally waived consideration of his case before an administrative separation board. On 3 February 2011, the separation authority approved the applicant's unconditional waiver. (6) Separation Decision Date / Characterization: Under the provisions of AR 635- 200, Chapter 14-12c, Commission of a Serious Offense, the separation authority approved the applicant separation. / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 August 2008 / 3 years b. Age at Enlistment / Education / GT Score: 28 / GED / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 5 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (27 April 2009 - 16 January 2010) f. Awards and Decorations: ACM-CS, GWOTSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: State of North Carolina, Conditions of Release Order, dated 16 June 2010, reflects the applicant was apprehended for Driving While Impaired and Fail Comply License Restrictions. The applicant was released on a $500 bond and ordered to appear before the court on 20 July 2010. Military Police Report, dated 16 June 2010, reflects the applicant was apprehended for driving while impaired after he was stopped for failing maintain lane. He was administered an intoxilizer EC/IR test resulting 0.11 percent BAC. Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 22 June 2010; From "AWOL" to "Dropped From Rolls (DFR)," effective 22 July 2010; and, From "DFR" to "PDY," effective 18 September 2010. Military Police Report, dated 28 June 2010, reflects the applicant was charged as follows: AWOL - Departed From Place of Duty (On Post) Desertion (On Post) Charge Sheet, dated 20 October 2010, reflects the applicant was charged with: violation of the UCMJ, Article 86, for without authority absent himself from his unit (between 22 June and 18 September 2010); and, violation of the UCMJ, Article 112a, for wrongfully using cocaine (between 24 and 27 April 2010). Record of Trial by Summary Court-Martial, dated 21 October 2010, reflects the following pleas and findings: violation of the UCMJ, Article 86, for without authority absent himself from his unit; guilty, consistent with the plea; violation of the UCMJ, Article 112a, for wrongful use of cocaine; not guilty, consistent with the plea. The sentenced adjudged: Forfeiture $1,208; reduction to E-1; and, confinement for 1 month. General Officer Memorandum Of Reprimand, dated 29 October 2010, for driving while impaired on 25 September 2010. This was the applicant's second instance of driving while impaired in the past four months. i. Lost Time / Mode of Return: 27 days NIF, 6 January 2010 - 27 January 2010 / NIF NIF, 29 December 2010 - 4 January 2011 / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). 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 and 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 have been retained on Active Duty. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge would allow VA benefits. However, eligibility for veteran's benefits 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 service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority, as AR 635-200, paragraph 14-12c(2). The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense), under AR 635-200, paragraph 14-12c. Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. Notwithstanding the administrative error, 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 24 August 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 AR20170009573 1