1. Applicant's Name: a. Application Date: 6 July 2017 b. Date Received: 7 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable, a change of narrative reason for separation to convenience-of-the-government, and a change of reentry eligibility (RE) code to 1. The applicant seeks relief contending, in effect, that clemency is warranted because it is an injustice for the applicant to continue to suffer the adverse consequence of a bad discharge. After serving honorably during a career in the military up until this single offense and having no offenses or issues with alcohol since being discharged. The applicant feels that having less than an honorable discharge is too harsh of a punishment to carry around on the record for the rest of life. The applicant's average conduct and efficiency rating/behavior/and proficiency was good. Up until six months after stationed in Germany, where the applicant exceeded the standards. The applicant received honor graduated for the driver's training academy in Germany and was the best performing truck driver in the unit. The applicant had combat service, where the applicant spent 15 months honorably in Iraq, volunteered for QRF, and received a COA for serving as a member of the QRF. The applicant received an ARCOM for service in Iraq. The record of promotions showed the applicant was generally a good Soldier, who was never reduced in rank and never received any bad counseling's prior to this single offense. The applicant had a prior honorable discharge and when discharged from serving the first enlistment term prior to reenlisting, the applicant received an honorable discharge. The applicant has been a good citizen since discharge. The applicant has not had any issues with alcohol since discharge. The applicant has been working non-stop discovering talents as a leader, equipment operator, husband, and father. The applicant takes care of a wife and children financially, during the best to help anyone and also worked to help co-workers reach their full potential. Personal problems impaired the applicant's ability to serve. The applicant was having issues with alcohol at the time and looking back can see he applicant should have sought treatment earlier. The punishment at the time of discharge was too harsh, it was much worse than most people for the same offense. The applicant witnessed several instances where Soldiers had tested positive for marijuana and received an Article 15. This was the first offense which the applicant openly admitted too. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Alcohol NOS, Alcohol Dependence, and history of Cannabis Dependence. The applicant does not currently have a service-connected rating from the VA. In summary, the applicant did not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 10 May 2019, and by a 3-2 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: 30 March 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 March 2010 (2) Basis for Separation: The applicant was informed of the following reason: admitting to wrongfully using marijuana (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 March 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 March 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2008 / 4 years b. Age at Enlistment / Education / GT Score: 22 / GED / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 3 years, 5 months d. Prior Service / Characterizations: 31 October 2005 to 30 September 2008 / HD e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (24 July 2006 to 10 October 2007) f. Awards and Decorations: ARCOM, MUC, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Mental Status Evaluation, dated 25 February 2010, which shows the applicant had the mental capacity to understand and participate in the proceedings and he was not meeting criterial for post-traumatic stress disorder or traumatic brain injury. Negative counseling statements for actions of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored letter; court documents from the Circuit Court for the County of Fauquier; Fauquier Health Proof of Birth Letter; birth certificate; marriage record; driver's license; several letters of support/recommendation; developmental counseling form's; enlisted record brief; certificates of completion and achievement; and full credit report. 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 of his narrative reason for separation to convenience-of-the-government, and a change of his reentry eligibility (RE) code to 1. The record confirms 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a Soldier. 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 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. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200 with a general (under honorable conditions) discharge. 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 appropriate RE code is 3. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that clemency is warrant because it is an injustice for him to continue to suffer the adverse consequence of a bad discharge. After serving honorably during his career in the military up until his singe offense and having no offenses or issues with alcohol since being discharged. He feels that having less than an honorable discharge is too harsh of a punishment to carry around on his record for the rest of his life. The applicant's contentions were noted; although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant's contentions that he was a good Soldier was noted; as it should also be noted by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 character of the applicant's discharge is commensurate with his overall service 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 10 May 2019, and by a 3-2 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 AR20170010526 2