1. Applicant's Name: a. Application Date: 24 October 2017 b. Date Received: 27 October 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. The applicant raised no issues of propriety or equity for the Board's consideration. In a records review conducted at Arlington, VA on 24 October 2018, 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 14-12b, b. block 26, separation code changed to JKA, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Pattern of Misconduct). (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: 9 March 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 January 2017 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12b, Pattern of Misconduct, the applicant was informed of the following reasons: Between on or about 23 August 2016 and or about 23 September 2016, he wrongfully used marijuana; Between on or about 23 September 2015 and on or about 11 April 2016, he failed to maintain a healthy living quarters; and, On diver's occasions, between on or about 7 March 2016 and on or about 14 March 2016, he failed to obey a lawful order. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 31 January 2017, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Under the provisions of AR 635- 200, Chapter 14-12b, Pattern of Misconduct, the separation authority approved the applicant's separation. / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 November 2015 / 2 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91D10, Power-Generation Equipment / 3 years, 10 months, 24 days d. Prior Service / Characterizations: RA, 16 April 2013 - 8 November 2015 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, GWOTSM, NCOPDR, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 24 September 2015, for disobeying a lawful order (24 September 2015). The punishment consisted of extra duty and restriction for 14 days. CG Article 15, dated 4 May 2016, for disobeying a lawful order on four separate occasions (7 and 18 March 2016). The punishment consisted of a reduction to E-3; forfeiture of seven days pay (suspended); extra duty for 14 days; and, an oral reprimand. Electronic Copy of DD Form 2624, dated 4 October 2016, reflects the applicant tested positive for THC 25 (marijuana), during an Inspection Other (IO) urinalysis testing, conducted on 23 September 2016. FG Article 15, dated 21 October 2016, for wrongfully using cocaine (between 23 August and 23 September 2016). The punishment consisted of a reduction to E-1; forfeiture of $783 pay per month for two months ($798 suspended); extra duty for 45 days (suspended); restriction for 45 days; and, an or reprimand. Report of Mental Status Evaluation, dated 9 December 2016, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's record of service, and documents submitted with his application were carefully reviewed. The applicant raised no issues of propriety or equity for the Board's consideration. 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 marred the quality of his service. 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 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 service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, PARA 14-12c(2). The discharge packet confirms the separation authority approved the discharge under the provisions of AR 635-200, 14-12b. Soldiers processed under this provision will be assigned a narrative reason of pattern of misconduct and will be assigned an SPD Code of JKA and an RE Code of 3. Further, under the provisions of Chapter 14, paragraph 14-12c(2) as reflected on the applicant's current DD Form 214; and, based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant should have been assigned an RE code of 4. Notwithstanding the administrative error, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 24 October 2018, 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 14-12b, b. block 26, separation code changed to JKA, c. block 27, reentry code changed to 3, d. block 28, narrative reason for separation changed to Misconduct (Pattern of Misconduct). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Pattern of Misconduct) d. Change Authority to: AR 635-200, paragraph 14-12b e. Change SPD / RE Code to: JKA / 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 AR20170018276 1