1. Applicant's Name: a. Application Date: 20 February 2018 b. Date Received: 9 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change to reentry eligibility (RE) code. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to get into the Army National Guard. The applicant has bettered oneself and turned life around for the better. The applicant has become more mature and would like to get the discharge changed to get the chance to get into the Army National Guard. The applicant regrets the trouble placed on oneself. The applicant did a lot of horrible things and is not very proud of and has a lot of regret telling family and friends the real reason for discharge. The applicant is willing to do whatever it takes to get the status changed and be able to prove to the family the applicant is a better human being. The applicant had a very bad drinking problem and although was underage, no one offered the proper help. Since discharge, the applicant has gotten the drinking under control, become a wonderful father to two kids, and is a great husband. In a records review conducted at Arlington, VA on 28 November 2018, 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 (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 March 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 January 2010 (2) Basis for Separation: The applicant was informed of the following reasons: for receiving an Article 15 for wrongful appropriation of currency of about $1500 and subsequently testing positive for marijuana (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 January 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 January 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 November 2007 / 2 years, 23 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13D10, Field Artillery Automation / 2 years, 4 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 12 February 2009, for wrongful appropriated currency, of a value of about $1,500 the property of Community Bank of America on 9 December 2008. The punishment consisted of reduction to E-1, forfeiture of $784 pay per month for two months, and extra duty and restriction for 45 days. Electronic copy of the DD Form 2624, dated 13 August 2009, reflects the applicant tested positive for THC 35 during an Inspection Random (IR) urinalysis testing conducted on 5 August 2009. Army Substance Abuse Program (ASAP) Enrollment, as a result of command referral. District Court Judgment, show the applicant was the subject of investigation for special larceny. Report of Mental Status Evaluation, dated 22 July 2009, shows the applicant did not meet criteria for TBI or PTSD. It was noted that the applicant was responsible to his behavior, had the ability to distinguish right from wrong, and possessed sufficient mental capacity to participate in administrative proceedings. There was no psychiatric reason to prevent any administrative separation deemed appropriated by his command. Several negative counseling statements for various acts of misconduct and performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his reentry eligibility (RE) code. 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 she should have been retained on Active duty. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, 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 (Serious Offense)," and the separation code is "JKQ." 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 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that since his discharge he has bettered himself and turned his life around for the better and become more mature. He regrets the crowed and trouble he placed himself with. He did a lot of horrible things he is not very proud of and has a lot of regret telling his family and friends the real reason he was discharged from the military. He contends he is willing do whatever it takes to get his status changed and be able to prove to his family he is a better human being. He had a very bad drinking problem and even though he was underage no one gave him the proper help. Since his discharge he has gotten his drinking under control, become a wonderful father to his two kids, and is a great husband. The applicant's post-service accomplishments have been noted as outlined on the application and the applicant is to be commended on his accomplishments. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to get into the Army National Guard. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Armed Forces at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 character of the applicant's discharge is commensurate with his overall service 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 28 November 2018, 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 AR20180006609 1