1. Applicant's Name: a. Application Date: 17 January 2018 b. Date Received: 25 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change of narrative reason for discharge to unsatisfactory performance. The applicant seeks relief contending, in effect, that on or about August 2016, the applicant had the wisdom teeth removed and was prescribed Percocet and Ibuprofen. The applicant had heard that Percocet would make the applicant drowsy so the applicant didn't take them. The applicant had intended to throw away the Percocet, but PFC B., asked for them. Being from the Marshall Islands, the applicant had never heard of Percocet or that it could be abused. It was wrong for the applicant to allow another Soldier to take the prescribed medicine; but to put it on the DD Form 214 as the reason for separation. The applicant has never been in trouble and has always done the right thing. It's always been a dream of since the applicant was a little kid to join the military and serve the country and make the family proud. Now with this misconduct (drug abuse) and reentry code, that will never happen. The applicant was denied a job with United Airline because of the narrative reason on the DD form 214. This was a one time lapse in judgment and the applicant feels this is a harsh punishment. The applicant was doing the right thing by not taking the Percocet. PFC B., came into the room and took the Percocet. The applicant tried to stop the Soldier, but was persistent so the applicant told the Soldier to remove the applicant's name from the bottle. The applicant had no idea what the Soldier was going to do with the Percocet. The applicant never abused any illegal drugs in one's entire life and to have drug abuse on the records is very detrimental. Therefore the applicant humbly requests that the board change the narrative reason for separation and separation authority to unsatisfactory performance. The applicant did not have any other disciplinary infractions or a pattern of misconduct; this incident was the only infraction. In a records review conducted at Arlington, VA on 3 April 2020, 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: 19 May 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 January 2016 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92A10, Automated Logistical Specialist / 1 year, 4 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF; however the CID Report submitted by the applicant shows he was the subject of investigation for the possession of Percocet and Ibuprofen and the death of another Soldier. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; CID Report (15 pages); 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 a change of his narrative reason for discharge to unsatisfactory performance. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. 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 seeks relief contending that on or about August 2016, he had his wisdom teeth removed and was prescribed Percocet and Ibuprofen. He had heard that Percocet would make him drowsy so he didn't take them. He had intended to throw away the Percocet, but PFC B., asked for them. Being from the Marshall Islands, he had never heard of Percocet or that it could be abused. It was wrong for him to allow another Soldier to take his prescribed medicine; but to put it on his DD Form 214 as the reason for separation. The applicant contends that he has never been in trouble and he has always done the right thing. It's always been a dream of his since he was a little kid to join the military and serve his country and make his family proud. Now with this misconduct (drug abuse) and reentry code, that will never happen. He was denied a job with United Airline because of his narrative reason on his DD form 214. This was a one time lapse in judgment and he feels this is a harsh punishment. He thought he was doing the right thing by not taking the Percocet. PFC B., came into his room and took the Percocet. He tried to stop him, but he was persistent so he told him to remove his name from the bottle. He had no idea what he was going to do with the Percocet. He never abused any illegal drugs in his entire life and to have drug abuse on his records is very detrimental. Therefore he humbly requests that the board change his narrative reason for separation and separation authority to unsatisfactory performance. He did not have any other disciplinary infractions or a pattern of misconduct; this incident was his only infraction. The applicant's contentions were noted; however, it is unknown if these contentions have merit because the complete facts and circumstances leading to the discharge are not contained in the service record. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service and the narrative reason for discharge granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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 the applicant was provided full administrative due process 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 April 2020, 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 AR20180001529 3