1. Applicant's Name: a. Application Date: 29 March 2018 b. Date Received: 10 April 2018 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 pertinent part and in effect, deserves and earned an Honorable discharge. The applicant was not given the opportunity to defend oneself. The decision to separate the applicant was unfair. It was a sincere mistake that the applicant came up positive in the urinalysis test without the knowledge of having codeine in one's system. The applicant must have mistakenly taken the roommate's Tylenol with codeine instead of the regular Tylenol the applicant was prescribed at the time. The applicant shared the same medicine cabinet with the roommate. So, while rushing out to the morning to PT, the applicant could have accidentally grabbed the wrong medication. The applicant never had any interest in drugs. The applicant has been a motivated and dedicated Soldier. The accomplishments, ambition, and determination presents for itself. The applicant enlisted with a college degree in computer science. While serving, the applicant exceeded the expectations and earned every promotion waiver possible. The applicant always exceeded standards of every obstacle. The goal was to make the Army a career until the incident that led to discharge--taking the codeine was an honest mistake. An upgrade would provide the applicant clear conscience, and a chance to pursue and have the benefits of a Veteran who served honorably. In a records review conducted at Arlington, VA on 13 November 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, Paragraph 14-12c(2) / JKK / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 February 2014 (2) Basis for Separation: Between 16 October 2013 and 15 November 2013, the applicant wrongfully used codeine and morphine, schedule II controlled substances. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 25 February 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 March 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 April 2011 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 20 / 13 years / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13D10, Field Artillery Automation Specialist / 2 years, 11 months, 15 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An Electronic Copy of DD Form 2624 (Specimen Custody Document - Drug Testing), dated 9 December 2013, indicates the specimen collected on 15 November 2013, on an "IR" (Inspection, Random) basis, provided by the applicant, tested positive for "COD" and "MOR." Negative counseling statement for failing a urinalysis. FG Article 15, dated 21 January 2014, for wrongfully using codeine, a schedule II controlled substance between 16 October 2013 and 15 November 2013, and wrongfully using morphine, a scheduled II controlled substance between 16 October 2013 and 15 November 2013. The punishment consisted of a reduction to E-1, forfeiture of $765, and 45 days of extra duty. Report of Mental Status Evaluation, dated 10 January 2014, providing no diagnosis, psychiatrically cleared the applicant for chapter separation. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 29 March 2018, and list of prescriptions (Medication Profile). 6. POST SERVICE ACCOMPLISHMENTS: None provided 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, paragraph 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 his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. 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, as a Soldier, had the duty to support and abide by the Army's drug policies. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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 contends the discharge was unjust, because he was not given the opportunity to defend himself, and the decision to separate him was unfair as it was due to a sincere mistake that he came up positive in the urinalysis test without the knowledge of having codeine in his system. However, 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 his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends that an upgrade would provide him a chance to pursue and have the benefits of a Veteran who served honorably. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 13 November 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 AR20180005673 1