1. Applicant's Name: a. Application Date: 4 June 2018 b. Date Received: 23 August 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests that the reentry eligibility (RE) code be change from a "4" to "3" so that the applicant can reenlist into the military. The applicant seeks relief contending, in effect, that one believes the record to be an error for the reason that the applicant does not believe one mistake during HBL should disqualify the applicant from serving in the military and the country. Since discharge, the applicant has grown and learned from the mistake and would like another chance to prove oneself. In a records review conducted at Arlington, VA on 11 March 2020, 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-4 / Uncharacterized b. Date of Discharge: 28 March 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 February 2017 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using Alphahydroxy Alprazolam (Xanax) between 1 January 2017 and 5 January 2017 (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 27 February 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 March 2017 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 September 2016 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 6 months, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 13 January 2017, reflects the applicant tested positive for ACEHOTYZ Positive AHAL 148, during an Inspection Unit (IU) urinalysis testing conducted on 5 January 2017. FG Article 15, dated 21 February 2017, for wrongfully using alphahydroxy alprazolam (Xanax). The punishment consisted of forfeiture of $799.00 pay per month for two months, extra duty for 21 days, and restriction for 21 days. Law Enforcement Report, dated 9 February 2017, showing the applicant was the subject of investigation for the wrongful use of Xanax. Army Substance Abuse Program (ASAP) Enrollment, dated 26 January 2017, which shows the applicant was command referred for improper use of drugs. Report of Mental Status Evaluation, dated 23 February 2017, which show the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was psychiatrically cleared for all administrative actions deemed appropriated by his command including but not limited to separation under AR 635- 200, Chapter 11, 13, or 14-12. Negative counseling statements reference a positive urinalysis for Xanax and Alphahydroxy Alprazolam. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293. 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(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, 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 that his reentry eligibility (RE) code be change from a "4" to "3" so that he can reenlist into the military. The applicant's available 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 he should have been retained on Active duty. The evidence of record shows the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," and the separation code is "JKK." 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 4. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that he believes the record to be an error for the reason that he does not believe one mistake during HBL should disqualify him from serving in the military and his country. Since his discharge he has grown and learned from his mistake and would like another chance to prove himself. The applicant's contentions were noted; however, although a single 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 a single incident provides the basis for a characterization. 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. It should be noted; at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. 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 11 March 2020, 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 AR20180011533 4