1. Applicant's Name: a. Application Date: 11 June 2018 b. Date Received: 25 June 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, was rightly punished for the actions. The applicant regrets doing what the applicant did that led to an early discharge from the military. The applicant served honorably for over six years, becoming a sergeant and serving two combat tours (12 months in Iraq and 9 months in Afghanistan). The applicant went through a rough time that caused the applicant to make a regretful life changing decision by turning to marijuana to help cope with the issues. The applicant is embarrassed to submit the DD Form 214, because of having been turned down for employments. Since discharge the applicant has continued to learn effective coping skills. Per the Board's Medical Officer, a voting member, 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 indicate diagnoses of Adjustment Disorder with mixed anxiety and depressed mood, Alcohol Dependence, Anxiety Disorder, Cannabis Use, and Cannabis Dependence. VA records only contain DoD content. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 5 December 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.in-service diagnosis of OBH), a prior period of honorable service, and post-service accomplishments. 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: 19 August 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 July 2016 (2) Basis for Separation: The applicant was informed of the following reasons: Between 11 October 2015 and 10 November 2015, the applicant wrongfully used marijuana, a schedule I controlled substance. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Waived, 15 July 2016 (5) Administrative Separation Board: Conditionally waived, contingent upon receiving no less than a General (Under Honorable Conditions) characterization of service (6) Separation Decision Date / Characterization: 1 August 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2014 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25L10, Cable Systems Installer/Maintainer / 6 years, 11 months, 11 days d. Prior Service / Characterizations: RA (9 September 2009 to 29 December 2014) / HD (Note that any reenlistment that followed his initial enlistment is NIF) e. Overseas Service / Combat Service: SWA / Iraq (15 June 2010 to 6 June 2011), Afghanistan (4 May 2014 to 4 February 2015) f. Awards and Decorations: ARCOM-2; AAM; AGCM-2; NDSM; ACM-CS; ICM-CS; GWOTSM; NCOPDR; ASR; OSR-2; NATO MDL g. Performance Ratings: Two NCOERS: 1 June 2014 thru 27 November 2014, Fully Capable 28 November 2014 thru 1 July 2015, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: An Electronic Copy of DD Form 2624 (Specimen Custody Document - Drug Testing), dated 2 December 2015, indicates the specimen collected on 10 November 2015, on an "IR" (Inspection, Random) basis, provided by the applicant, tested positive for "THC." FG Article 15, dated 18 April 2016, for wrongfully using marijuana between 11 October 2015 and 10 November 2015. The punishment consisted of a reduction to E-4, forfeiture of $1,000.00, and 45 days of extra duty. Report of Mental Status Evaluation, dated 29 March 2016, providing a diagnosis of "Cannabis Use Disorder," psychiatrically cleared the applicant for administrative separation. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 11 June 2018. 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, and to change the narrative reason for his discharge and its corresponding codes. The applicant's available record of service and the issues 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 an NCO, 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incident of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends he was going through a rough time when he made a regretful decision of turning to marijuana to help him code with his issues. However, the service record contains no evidence of any medical condition and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition, specifically, any behavioral health issues. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., any medical diagnosis by a competent medical authority, of the issues he related to, such as the behavioral health issues that caused him to turn to marijuana) for the Board's consideration because they are not available in the official record. The applicant contends that an upgrade of his discharge will allow him to obtain employment as his current discharge has caused him to be turned down for employments. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 5 December 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.in-service diagnosis of OBH), a prior period of honorable service, and post-service accomplishments. 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 AR20180009338 1