1. Applicant's Name: a. Application Date: 22 August 2017 b. Date Received: 28 August 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 and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to find a job that will improve him as a person as well as providing for him and his family. He contends it has been six years since his discharge and it was a one-time incident. The job he is trying to obtain is with the sheriff department. He devoted his life to the military and now that he has made a mistake all has been taken away from him. He wishes he could take that day back; however, he can only push forward and the separation is the only thing that is holding him back. He would be very thankful for a upgrade of his discharge. Per the Board's Medical Officer, a voting member, the applicant had a mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. A review of electronic military medical records indicated diagnoses of an Alcohol Abuse and Dependence and Cocaine Abuse. SM does not have a behavioral health diagnosis from the VA. A psychiatric assessment from the VA dated 14 December 2016 indicated a diagnosis of PTSD and Insomnia due to nightmares and anxiety. In summary, the SMs diagnosis of PTSD and other behavioral health conditions can be associated with alcohol and substance abuse; therefore there is a nexus between SMs misconduct (cocaine) and behavioral health conditions. In a records review conducted at Arlington, VA on 11 July 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and OBH) 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: 23 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 April 2012 (2) Basis for Separation: The applicant was informed of the following reasons: testing positive for cocaine on a command urinalysis after holiday block leave. (3) Recommended Characterization: That the applicant be retained on active duty; however, if the separation authority does not retain him on active duty, the unit commander recommended that the applicant receive an honorable discharge. The intermediate commander recommended that the applicant be retained on active duty; however, if the separation authority did not retain the applicant on active duty, it was recommended that he be discharged with a characterization of service of honorable. The senior intermediate commander recommended that the applicant be discharged with a characterization of service of general (under honorable conditions) (4) Legal Consultation Date: 1 May 2012, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon being retained. On 5 June 2012, the applicant's conditional waiver of the administrative board was disapproved and his separation was referred to the Fort Benning Standing Administrative Separation Board (5) Administrative Separation Board: 7 August 2012 The administrative separation board convened. The applicant appeared before the board with his counsel. After careful consideration of the evidence before them the Board determined the allegation presented did support the allegations of misconduct-abuse of illegal drugs. The board recommended that the applicant be separated with general (under honorable conditions) discharge and that the separation be suspended for a period of 12 months (not to exceed 12 months). (6) Separation Decision Date / Characterization: 2 October 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 October 2007 / 6 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19K18, M1 Armor Crewman / 7 years, 4 months, 28 days d. Prior Service / Characterizations: RA, 26 May 2005 to 10 October 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (31 October 2006 to 28 January 2008 and 5 February 2009 to 5 February 2010) f. Awards and Decorations: ARCOM-2, AAM-4, AGCM-2, NDSM, GWOTSM, ICM-CS-3, NOPDR-2, ASR, OSR-2, CAB g. Performance Ratings: 1 March 2008 to 28 February 2010 (two reports), Fully Capable 1 March 2010 to 28 February 2011, Among The Best 1 March 2011 to 12 January 2012, Marginal h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 11 January 2012, reflects the applicant tested positive for COC 318 during an Inspection Unit (IU) urinalysis testing conducted on 3 January 2012. FG Article 15, dated 20 January 2012, for wrongful use of cocaine on 3 January 2012. The punishment consisted of reduction to E-4, forfeiture of $1,133, and 45 days extra duty. CID Report, dated 9 February 2012, which shows the applicant was the subject of investigation for wrongful use of cocaine. Military Police Report, dated 10 February 2012, which shows the applicant was the subject of investigation for wrongful use of cocaine and determined by urinalysis test. Negative counseling statements reference various acts of misconduct and performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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. 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 and a change to his narrative reason for discharge. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 noncommissioned officer, 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 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, it has been six years since his discharge and it was a one-time incident. He devoted his life to the military and now that he has made a mistake all has been taken away from him. He wishes he could take that day back; however, he can only push forward and the separation is the only thing that is holding him back. He would be very thankful for an upgrade of his discharge. 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 expressed his desire for an upgrade of his discharge for the purpose of being able to find a job that will improve him as a person as well as providing for him and his family. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 11 July 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and OBH) 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 AR20170015636 1