1. Applicant's Name: a. Application Date: 10 September 2017 b. Date Received: 11 December 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 effect, the discharge is ineligible because it was based on one isolated incident in 48 months of service with no other adverse actions. The applicant is remorseful for what happened and makes no excuses for this behavior. The applicant was going through an extremely difficult period of life. The applicant was a young newlywed and experienced some adjustment issues with the wife, where she ended up leaving. The applicant was crushed with no type of family support. The applicant decided to give it all to the Army and trained very hard. The applicant made it through SFAS on the first try and excelled in PT, education and was fast tracked to make E-5. All the evaluations were above average and the applicant had to use a performance enhancing drug that came up as a designer amphetamine. After the applicant worked so hard to accomplish, what the applicant did was the biggest mistake of life and paid a very price by losing a career. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Methamphetamine Dependence and Amphetamine Dependence. The applicant does not have any VA records available for review. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 23 October 2019, and by a 5-0 vote, the Board determined that the discharge was improper. The records show the proper discharge and separation procedures were not followed in this case. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. 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 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, 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 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 13 March 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 February 2006 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: On or about 30 October 2005, he tested positive for use of Methamphetamine and Designer Methamphetamine, a Schedule II Controlled substance. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 February 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 3 March 2006, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14- 12b, Pattern of Misconduct. / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 January 2003 / 6 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-5 / 74D10, Chemical Operations Specialist / 3 years, 2 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM-2, NDSM, GWOTSM, ASR g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 13 January 2006, for wrongfully using Methamphetamine and Designer Methamphetamine (between 31 October and 30 November 2005). The punishment consisted of a reduction to E-4; and, extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 23 January 2006, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. FG Article 15, dated 21 February 2006, for wrongfully using Methamphetamine and Designer Methamphetamine (between 31 October and 30 November 2005). The punishment consisted of a reduction to E-1; and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 215. 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, the issues and documents submitted with his application were carefully reviewed. After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined that the characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 14-12c, AR 635-200, by reason of a Misconduct (drug abuse), with a general (under honorable conditions) discharge. The initiation of separation notification memo cites amphetamine drug use that occurred on or about 30 October 2005 as the basis for separation. The January 2005, Article 15 was properly executed and supports the cited basis for separation. However, the separation packet should not have contained the Article 15 dated November 2005 or 21 February 2006. The November 2005 Article 15, reflects that the action was terminated as "not guilty" was hand-written in Section 11. The November 2005, Article 15 should have be destroyed once the proceeding was terminated. Further, it was not part of the stated reason for separation. The specification listed in the 21 February 2006 Article 15, is duplicative of the specification listed in the 13 January 2006, Article 15. The government likely entered the wrong specification on the 21 February 2006, Article 15, because the allied documents in Section 11 of each Article 15 appear to be different. Specifically, the allied DA FM 2624 (specimen custody) and DA FM 4856 (counseling) records have different dates. Regardless, the burden was on the government to enter the correct specification. The issuance of an Article 15 for the same offense is prohibited. Even if the specification had been entered properly by the government, the February 2006 Article 15 is incomplete. The applicant appealed the action, but there is no appeal disposition or signature from the superior authority in block 9 of the DD Form 2627. The separation authority's decision reference to a discharge under AR 635-200, paragraph 14-12b instead of 14-12c for a serious offense represents a clerical error. The reference to paragraph 14-12b is incompatible with the initiation of separation, commander's report and the applicant's acknowledgement of notice/rights. The records show the proper discharge and separation procedures were not followed in this case. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 23 October 2019, and by a 5-0 vote, the Board determined that the discharge was improper. The records show the proper discharge and separation procedures were not followed in this case. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. 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 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3, 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: Honorable 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 AR20180001085 1