1. Applicant's Name: a. Application Date: 9 August 2017 b. Date Received: 14 August 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, the ability to serve was impaired by youth and immaturity. However, the applicant earned awards and decorations, and served a combat tour. In a records review conducted at Arlington, VA on 29 March 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. In view of the 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, and 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 30 June 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 May 2009 (2) Basis for Separation: The applicant was informed of the following reasons: A positive urinalysis for marijuana on 30 May 2007, and wrongful possession of hashish in Theater Afghanistan on 13 November 2008. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 30 May 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 May 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 July 2008 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 21W10, Carpentry/Masonry Specialist / 3 years, 5 months, 21 days d. Prior Service / Characterizations: USAR (10 January 2006 to 30 January 2006) / NA IADT (31 January 2006 to 22 June 2006) / HD USAR (23 June 2006 to 10 January 2007) / NA RA (11 January 2007 to 15 July 2008) / HD e. Overseas Service / Combat Service: SWA / Afghanistan (28 April 2008 to 7 June 2009) f. Awards and Decorations: NDSM; ACM-CS; GWOTSM; ASR; OSR; NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: (PPHS) CG Article 15, dated 17 July 2007, for wrongfully using marijuana between 30 April 2007 and 30 May 2007. The punishment consisted of a reduction to E-2, forfeiture of $640, and 14 days of extra duty and restriction. Electronic Copy of DD Form 2624 (Specimen Custody Document - Drug Testing), dated 8 June 2007, indicates the specimen collected on 30 May 2007, on an "IO" (Inspection, Other) basis, provided by the applicant, tested positive for "THC." Negative counseling statements for being notified of an initiation of involuntary separation; violating Article 112a, UCMJ, for wrongfully using and possessing controlled substances; FG Article 15, dated 13 May 2009, for wrongfully possessing hashish on 13 November 2008, and violating a lawful general order by wrongfully possessing hashish on 13 November 2008. The punishment consisted of a reduction to E-1, forfeiture of $699 pay per month for two months, and 45 days of extra duty. Report of Mental Status Evaluation, undated, indicates the applicant was psychiatrically cleared for an expeditious administrative separation. 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 9 August 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 service record further reflects 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), block 26 separation code as "JKK," block 27 reentry code as "RE-4," and block 28, narrative reason for separation as "Misconduct (Drug Abuse)." Therefore and as approved by the separation authority, the following administrative corrections are warranted: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; c. block 27, reentry code to 3; and d. block 28, reason for separation to Misconduct (Serious Offense). The record also contain incidents of misconduct for which the Army discharged the applicant that included some, which occurred in a prior term of enlistment. However, AR 635-200, paragraph 1-15c(6)(d), provides that commanders may consider incidents from a prior period of enlistment on the issue of retention or separation. The separation authority's decision memorandum does not state the prior incident was not considered for the purpose of characterization. However, the presumption of government regularity prevails in the discharge process, as the separation authority cannot consider information from prior periods of service when determining characterization and there is no affirmative indication the separation authority did so. Even if the separation authority considered incidents from an earlier period of service in determining the characterization for the period under consideration, it was a harmless error. The record does not contain any evidence of arbitrary or capricious actions by the command and it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that his ability to serve was impaired by his and immaturity at the time of the discharge. However, the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. In consideration of the applicant's service accomplishments and quality of his service prior to these incidents, the Board can find that his accomplishments and complete period of service were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 29 March 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. In view of the 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, and 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 AR20170016145 1