1. Applicant's Name: a. Application Date: 11 December 2017 b. Date Received: 18 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to narrative reason for separation. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of obtaining employment as a police officer. The applicant understands the consequences of these actions. The applicant comes to the board with a humble heart asking to be given a second chance to prove oneself and actually be able to follow dreams as a police officer. The applicant was not thinking at the time and made a horrible decision and promises to not ever make such a decision again. The applicant asks that drug abuse be removed from the narrative reason for separation so that the applicant may continue on with career and dreams. The applicant understands completely how serious this situation is especially when it comes to protecting the citizens of the United States, which is why the applicant is asking for the opportunity to show it. In a records review conducted at Arlington, VA on 24 April 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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-4 / General (Under Honorable Conditions) b. Date of Discharge: 23 February 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 January 2016 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using Tetrahydrocannabinol between 4 July 2015 and 4 August 2015 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 January 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 January 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 September 2013 / 4 years, 24 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 42A10, Human Resources Specialist / 2 years, 5 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624 (Specimen Custody Document-Drug Testing), dated 26 August 2015, reflects the applicant tested positive for THC 205 during an Inspection Unit (IU) urinalysis testing conducted on 4 August 2015. FG, Article 15, dated 24 November 2015, for wrongfully using Tetrahydrocannabinol between 4 July 2015 and 4 August 2015. The punishment consisted of reduction to E-1, forfeiture of $773 pay (suspended), extra duty for 45 days, restriction for 45 days (suspended), and an oral reprimand. Report of Mental Status Evaluation, dated 8 December 2015, which shows the applicant could understand and participated in administrative proceedings and could appreciated the difference between right and wrong. The applicant was cleared for administrative separation deemed appropriate by his command from a behavioral health perspective IAW AR 635-200. Counseling statement for testing positive for drugs i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 a change to his narrative reason for separation. 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 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 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 seeks relief contending that he understands the consequences of his actions. He comes to the board with a humble heart asking that he be given a second chance to prove himself and actually be able to follow his dreams as a police officer. He was not thinking at the time and he made a horrible decision and he promise to not ever make such a decision again. He ask that drug abuse be removed from his narrative reason for separation so that he may continue on with his career and dreams. He understands completely how serious this situation is especially when it comes to protecting the citizens of the United States, which is why he asks for the opportunity to show he can do that. The applicant's contentions were noted; however, 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. The applicant expressed his desire for an upgrade of his discharge for the purpose of obtaining employment as a police officer. 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 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 24 April 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change 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 AR20180000966 1