1. Applicant's Name: a. Application Date: 1 March 2018 b. Date Received: 6 March 2018 c. Counsel: 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 include the reentry eligibility (RE) code. The applicant through counsel seeks relief contending, in effect, the discharge was inequitable because it focused on an isolated incident. The applicant has never used illegal drugs, including before, during, and after service in the Army. The discharge was unwarranted as no proof was presented that the applicant was under the influence or used any type of illegal drug, including Spice. The applicant never got a chance to explain what happened, and before the applicant knew it, the applicant was discharged from the Army. The discharge was inequitable because the applicant was separated for an offense the applicant did not commit. The applicant has found job prospects to be severely limited due to the discharge. The discharge failed to take into account the many years of honorable and commendable service. In a records review conducted at Arlington, VA on 6 November 2019, and by a 3-2 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: 11 June 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 14 May 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully possessed spice. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 May 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 May 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 August 2008 / 6 years b. Age at Enlistment / Education / GT Score: 21 years / 1 year college / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 4 years, 9 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / SWA, Iraq, 28 February 2010 to 15 February 2011 f. Awards and Decorations: ARCOM, AGCM, NDSM, ICM-2CS, NOPDR, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Exhibit A DD Form 293 (two pages); Exhibit B, DD Form 149 (two pages); Exhibit C, DD Form 214; Exhibit D, Attorney brief; brief in support of upgrade (four pages); Exhibit E, College transcripts (four pages); Exhibit F, Awards, Commendations, Recognitions, Medals, and Certificates (27 pages); Exhibit G, Negative drug tests (three pages); Exhibit H, Riverside Community College Class Schedule, Exhibit I, three Current Letters of Recommendation; Exhibit J, Approval Letter re: Gaming License; Exhibit K, Job Offer re: Public Safety Officer at San Manuel Casino (two pages); Exhibit L, Verification of Military Experience and Training Documents (four pages); Exhibit M, Joint Services Transcript (three pages); Exhibit N, Letter from VA Loma Linda Healthcare System; and Exhibit O, two Past Letters of Recommendation. 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 to include the 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. 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 his 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 he should have been retained on Active Duty. The applicant requests a change to the narrative reason for separation. 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. The applicant through counsel seeks relief contending, his discharge was inequitable because it focused on an isolated incident. Although an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant further contends, he has never used illegal drugs, including before, during, and after his service in the Army; and his discharge was unwarranted as no proof was presented that he was under the influence or used any type of illegal drug, including Spice. The evidence of records shows that the applicant was discharged for wrongful possession of spice. The applicant violated the Army's policy not to possess or use illegal drugs, thereby compromising the trust and confidence placed in a Soldier. The applicant also contends, he never got a chance to explain what happened, and before he knew it, he was discharged from the Army. 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 applicant additionally contends, his discharge was inequitable because he was separated for an offense he did not commit. 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 this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. Furthermore, the applicant contends, he has found his job prospects to be severely limited due to his discharge. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Lastly, the applicant contends, his discharge failed to take into account his many years of honorable and commendable service. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered. The applicant requests a change to the narrative reason for separation to include the RE code. Soldiers being processed for separation are assigned reentry codes based on their 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 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. There was no basis to grant a change to the reason or to the RE code. The third party statements provided with the application speak highly of the applicant. However, some of the persons providing the character reference statements were in and some were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, these statements did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 6 November 2019, and by a 3-2 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 AR20180006795 1