1. Applicant's Name: a. Application Date: 14 September 2017 b. Date Received: 16 November 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 to narrative reason for discharge and reentry eligibility (RE) code. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to enlist in the Army National Guard. The applicant contends that the current discharge has plagued the applicant's effort to reenlist in the military, find suitable employment, and achieve the goals the applicant has set. The applicant was a young man who was away from home for the first time, and made a terrible mistake. The applicant believes not only oneself, but the family has had to live with this horrible decision. In a personal appearance hearing conducted at Arlington, VA on 29 July 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's post-service accomplishments. Therefore, 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-1. (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-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 April 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 March 2008 (2) Basis for Separation: The applicant was informed of the following reason: for testing positive for marijuana, THC, during a company urinalysis test (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 20 March 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 July 2007 / 4 years b. Age at Enlistment / Education / GT Score: 20 / GED / 104 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 8 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 25 January 2008, reflects the applicant tested positive for THC 60 during an Inspection Unit (IU) urinalysis testing conducted on 2 January 2008. FG Article 15, dated 14 February 2008 for the wrongful use of marijuana between 21 December 2007 and 1 January 2008. The punishment consisted of reduction to E-1, forfeiture of $670 pay per month for two months, and extra duty and restriction for 30 days. Counseling statement for drug usage and violation of Article 92 (Failure to obey an order or regulation) and initiation of separation action in accordance with AR 635-200, Chapter 14-12c. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 28 February 2008, which shows the applicant was diagnosed with an Axis I for ADAPT and MH diagnosis. It was noted that the applicant's mental status was cooperative, forthcoming and within normal limits on all neurovegetative symptoms. The applicant denied current abuse of any substances, however, the applicant reported a past history of marijuana use, but not currently. It was recommended that he continue with ADAPT treatment recommendations with Mental Health counselling until discharged from the Army. Results did not indicated the presence of any personality disorder that would warrant treatment or disposition through medical channels. The applicant was cleared from Mental Health perspective to continue with chapter proceedings. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293; self-authored statement; certificate for completion of Peace Officers Standard and Training Commission course and Walmart's Assistant Manager Training course; drug screen results; several letters of support; and DD Form 214 for the period of service under review. 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 to his narrative reason for discharge and his reentry eligibility (RE) code. 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 a 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 evidence of record shows 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." 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 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 4. There is no provision for any other reason to be entered under this regulation. It should be noted; the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (drug abuse). Soldiers processed for misconduct (drug abuse) will be assigned an SPD Code of JKK and an RE Code of 4. In view of the foregoing and notwithstanding the propriety of the discharge, block 27, reentry code should be change to 4, as approved by the separation authority. The applicant contends that his current discharge has plagued his effort to reenlist in the military, find suitable employment, and achieve the goals he has set for himself. He contends he was a young man who was away from home for the first time, and made a terrible mistake. He believes not only myself but his family has had to live with this horrible decision. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): The applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 29 July 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's post-service accomplishments. Therefore, 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-1. 11. 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-1 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 AR20170017661 5