1. Applicant's Name: a. Application Date: 16 July 2017 b. Date Received: 20 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. The applicant seeks relief contending, in pertinent part and in effect, when deployed in Iraq, the applicant was hospitalized near the end of the tour due to an injury in the foot from an old bullet. The applicant had fragments removed in Landstuhl, Germany and from Germany, was sent to Fort Sill Wounded Warrior Unit. The applicant was discharged after serving a FG Article 15 punishment. Before the drug incident, the applicant was never in any trouble. The applicant should have been given an opportunity for rehabilitation through a drug program, instead of being discharged. 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 Abuse, Drug toxicity, PCP accidental poisoning, Drug toxicity PCP-Angel Dust, Nicotine Dependence, and PCP Intoxication with delirium. The applicant does not have any BH diagnosis from the VA. In summary, the applicant does 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 16 August 2019, 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(2), b. block 26, separation code changed to JKK, c. block 27, reentry code changed to 4, d. block 28, narrative reason for separation changed to Misconduct (Drug Abuse). (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: 20 February 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 December 2008 (2) Basis for Separation: The applicant was informed of the following reasons: Between 3 August 2008 and 3 September 2008, the applicant wrongfully used cocaine and PCP. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 December 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 December 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 October 2007 / Not to exceed 400 days, pursuant to MOB Orders 291-265, dated 18 October 2007 b. Age at Enlistment / Education / GT Score: 23 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 10 months, 7 days d. Prior Service / Characterizations: ARNG (14 April 2004 to 10 May 2004) / NA IADT (11 May 2004 to 27 August 2004) / HD ARNG (28 August 2004 to 20 October 2007) / NA e. Overseas Service / Combat Service: SWA / Kuwait/Iraq (21 October 2007 to 1 August 2008) f. Awards and Decorations: ARCOM; AAM-2; NDSM; ICM-2CS; GWOTSM; HSM; ASR; AFRM-M DEV g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An Electronic Copy of the DD Form 2624 (Specimen Custody Document - Drug Testing), dated 16 September 2008, indicates the specimen collected on 3 September 2011, on a "PO" (Probable Cause) basis, provided by the applicant, tested positive for cocaine and PCP. Negative counseling statement for wrongfully using and testing positive for cocaine. FG Article 15, dated 7 October 2008, for wrongfully using cocaine between 3 August 2008 and 3 September 2008, and wrongfully using PCP between 3 August 2008 and 3 September 2008. The punishment consisted of a reduction to E-1, forfeiture of $673 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. Report of Behavioral Health Evaluation, dated 21 November 2008, provided that the applicant had a history of alcohol and angel dust abuse, and that the applicant was psychiatrically 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: DD Form 293 (Application for the Review of Discharge), dated 16 July 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. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By the serious incidents 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. The applicant contends he was not provided an opportunity for rehabilitation through a drug program. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. Further, AR 600-85, paragraph 3-8 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. 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 was not or was 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 16 August 2019, 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(2), b. block 26, separation code changed to JKK, c. block 27, reentry code changed to 4, d. block 28, narrative reason for separation changed to Misconduct (Drug Abuse). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Drug Abuse) d. Change Authority to: AR 635-200, paragraph 14-12c(2) e. Change SPD / RE Code to: JKK / RE-4 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 AR20170012335 1