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. The applicant seeks relief contending, in pertinent part and in effect, while in and out of uniform, the applicant always upheld the Army standards and acted with professionalism. After returning from Afghanistan, the applicant received orders to attend Ranger School; however, a week prior to leaving, broke a hand. While on profile, the applicant served as a Platoon Leader over Soldiers in transition, while others were on a 90-day deployment to Turkey. The Company Commander advised the applicant to get off profile, because Soldiers who were on non-deployable statuses were being discharged. At the next doctor's appointment, the applicant requested to have the profile lifted. A few months later, the applicant moved to Fort Benning, GA, took an APFT and scored below expectations. So the applicant started training and the hand started to hurt badly-the applicant took an old prescription for pain, and the next morning, when asked to submit a urinalysis, the applicant failed the UA because the prescription was over six months old. The applicant was quickly discharged. The applicant did not contest it because the wife was from Germany and wanted to return there. The applicant is currently working with UPS in Germany and attending a university. An upgrade would help the applicant with an application to work in the US Embassy upon receiving a Bachelor's Degree. Per the Board's Medical Officer, 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 indicated diagnoses of an Alcohol Intoxication, an Adjustment Disorder, and Opioid Abuse. The applicant does not have a percentage rating from the Veteran Affairs (VA) and has not received VA treatment; likely because the applicant resides in Germany. In summary, the applicant had a mitigating medical or behavioral health condition for the offenses which led to separation from the Army. In a records review conducted at Arlington, VA on 7 December 2018, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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: 5 September 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 August 2013 (2) Basis for Separation: The applicant wrongfully used oxycodone and oxymorphone. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 August 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 August 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 April 2012 / 3 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 2 months, 10 days d. Prior Service / Characterizations: RA (26 June 2009 to 4 April 2012) / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (1 June 2010 to 31 May 2011) f. Awards and Decorations: AAM-2; AGCM; NDSM; ACM-CA; GWOTSM; NCOPDR; ASR; OSR; NATO MDL; CIB; MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An Electronic Copy of the DD Form 2624 (Specimen Custody Document - Drug Testing), dated 29 March 2013, indicates the specimen collected on 25 March 2013, on an "IR" (Inspection, Random) basis, provided by the applicant, tested positive for "OXCOD" and "OXMOR." FG Article 15, dated 3 June 2013, for wrongfully using oxycodone and oxymorphone between 18 March 2013 and 25 March 2013. The punishment consisted of a reduction to E-1, forfeiture of $758 pay per month for two months, 45 days of extra duty, and 45 days of restriction (suspended). Report of Mental Status, dated 25 June 2013, indicates an "AXIS I" diagnosis of "Opioid Abuse." 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 20 February 2018; DD Form 214; character reference/support statement; medical record (419 July 2010 through December 2012), dated 21 February 2017; AGCM Orders; and academic (transcript). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that he is currently working with UPS in Germany and attending a university. 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 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 contends that medical issues contributed to his discharge from the Army. The applicant's documentary evidence could support this contention; however, it does not necessarily corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered him disqualified for further military service with either medical limitation or medication. The third party statement provided with the application speak highly of the applicant's performance and character. However, the persons providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, 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 and to change the narrative reason for his discharge. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant expressed his desire to have better job opportunities, such as employment with US Embassy in Germany, and perhaps, an indication also for the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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 7 December 2018, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180006710 1