1. Applicant's Name: a. Application Date: 5 February 2018 b. Date Received: 12 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation to uncharacterized. The applicant seeks relief contending, in effect, the discharge was inequitable because of the mix matched dates on the urine analysis test. There was a missing a number in the DoD identifier on DD Form 2624, poor correction of an error on the DD Form 2624 and the final results dated 13 March 2017, appear falsely to reflect on the applicant. The applicant does not believe that the urinalysis test was correct and does not believe that the defense attorney presented all the facts in order to defend / represent appropriately. The Criminal Investigation Division Report (CID) reflects the applicant was allegedly in possession of suspected MDMA by the bouncers of the nightclub; however, there was no evidence so the allegation was dismissed. In a records review conducted at Arlington, VA on 21 August 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, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 28 June 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 1 May 2017 (2) Basis for Separation: The applicant was informed of the following reason form her discharge; she wrongfully used MDMA, a scheduled I controlled substance between (19 December 2016 and 24 December 2016). (3) Recommended Characterization: The unit commander recommended a General (Under Honorable Conditions) discharge. The intermediate commander separation, but that the separation be suspended for a period of 12 months (not to exceed 12 months). If separated, he recommended the applicant's service be characterized as General (Under Honorable Conditions). (4) Legal Consultation Date: 8 May 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 June 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 August 2014 / 4 years b. Age at Enlistment / Education / GT Score: 27 years / 2 years college / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 2 years, 8 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany f. Awards and Decorations: NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded PO (Probable Cause), dated 24 December 2016, for MDMA. Report of Mental Status Evaluation, dated 25 January 2017, there was no evidence of any defect in judgment or reasoning. The applicant demonstrated capacity to understand right from wrong. He also demonstrated understanding of consequences to behavioral choices. The applicant was screened in accordance with MEDCOM Policy Memo 11-010 for PTSD and TBI utilizing the Primary Care PTSD Screen (PCPTSD) and mTBI Screening Questions from the PDHA. Results are negative on both instruments. The applicant received several negative counseling statements for being flagged, change of flag and being notified for pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); justification for request; DD Form 214; ERB; Criminal Complaint two pages); Sworn Statement by J.H. (three pages); Unofficial School Transcript (two pages); Acceptance Letter to Walsh College; Randomly Conducted Drug Test / Laboratory Results Inquiry; memorandum of correction for DOD ID Number; Specimen Custody Document-Drug Testing; Biochemical information; six character / support Letters; and three monthly performance counselings. 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. 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 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. 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 14-12c(2), 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 the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her 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, by violating the Army's policy not to possess or use illegal drugs, 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 her service below that meriting an honorable discharge at the time of separation. 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 she should have been retained on Active Duty. The applicant requests a change to the narrative reason for separation to uncharacterized. 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 regulation further stipulates that no deviation is authorized. Of note, uncharacterized is not a reason for discharge, rather it is an entry level characterization of service. The applicant seeks relief contending, her discharge was inequitable because of the mix matched dates on the urine analysis test; there was a missing a number in the DoD identifier on DD Form 2624, poor correction of an error on the DD Form 2624 and the final results dated 13 March 2017, appear falsely to reflect on her; and she does not believe that the urinalysis test was correct. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support these contentions. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was unjustly discharged. The applicant further contends, she does not believe that her defense attorney presented all the facts in order to defend / represent her. The record of evidence shows that the applicant consulted with legal regarding the contemplated action to separate her for misconduct-drug abuse. The applicant also contends, the Criminal Investigation Division Report (CID) reflects she was allegedly in possession of suspected MDMA by the bouncers of the nightclub; however, there was no evidence so the allegation was dismissed. The record of evidence also shows that the applicant was discharged for wrongful use of MDMA, supported by a positive probable cause urinalysis test 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 21 August 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 AR20180004212 1