1. Applicant's Name: a. Application Date: 18 July 2018 b. Date Received: 23 July 2018 b. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable, a change to narrative reason for discharge to "for the convenience of the government", 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 serve again. The applicant contends that the unit had a four day weekend come up, it was Friday night and the applicant was playing Xbox when an individual brought over drugs. The applicant was 19 at the time and allowed peer pressure to lead to doing cocaine that night. It was the first and only time doing it and failed a surprised UA that following Monday. Three weeks later the applicant was sent down to CID and owned up to everything and went back to the unit and was given extra duty and a separation packet was started. In that time period, the applicant did everything that was asked without question and was still training hard within the unit. The applicant went to ASAP as it was standard procedure and was cleared. The applicant has guys in the unit who could speak to the applicant's character at the time. The applicant made a regrettable mistake, but was still a good Soldier which is why they gave a step down from honorable but yet the worst RE code. The applicant would like that changed in order to get back in, do the job and serve with brothers again. In a Travel Panel hearing conducted at Warner Robins, GA on 26 February 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge 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 14-12c, the narrative reason for separation to Misconduct (Serious Offense), the separation code to JKQ, 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: 28 June 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 May 2016 (2) Basis for Separation: The applicant was informed of the following reason: wrongful use of cocaine (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 25 May 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 June 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 March 2015 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 3 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 10 March 2016, reflects the applicant tested positive for COC 352 during an Inspection Random (IR) urinalysis testing conducted on 29 February 2016. FG Article 15, dated 13 April 2016, for wrongfully using cocaine between 23 February and 29 February 2016. The punishment consisted of reduction to E-1, forfeiture of $783 pay per month for two months (suspended), extra duty for 30 days, and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 15 April 2016, shows the applicant was in ASAP. It indicated that the applicant could understand and participate in administrative proceedings and could appreciated the difference between right and wrong. The applicant did not meet the criteria for a psychological condition or disorder. He screened negative for PTSD and TBI. He met retention standards of AR 40-501 and did not require a MEB/PEB. The applicant was cleared to participate in administrative proceedings. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; military records; affidavit, legal memo, letters of recommendation; 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(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 an upgrade of his general (under honorable conditions) discharge to honorable, a change to his narrative reason for discharge to "for the convenience of the government", 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 he should have been retained on Active duty. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c (2), 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 (Drug Abuse)," and the separation code is "JKK," with a RE code of 4. 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, reentry code, entered in block 27, 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. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending, that his unit had a four day weekend come up, it was Friday night and he was playing Xbox when an individual brought over drugs. He was 19 at the time and he allowed himself to get peer pressured and did cocaine that night. It was his first and only time doing it and he failed a surprised UA that following Monday. Three weeks later he was sent down to CID and owned up to everything and went back to his unit and was given extra duty and his separation packet was started. In that time period he did everything that was asked of him without question and was still training hard within his unit. He went to ASAP as it was standard procedure and was cleared. He contends he has guys in his unit who could speak to his character at the time. He made a mistake, one that he regrets deeply but he was still a good Soldier which is why they gave him one step down from honorable but yet the worst RE code. He would like that changed so he can get back in and do his job and serve with his brothers again. The applicant's contentions were noted; the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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. The applicant's contentions that he was a good Soldier was noted; as it should also be noted by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. 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 applicant expressed his desire for an upgrade of his discharge for the purpose of being able to serve again. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at Warner Robins, GA on 26 February 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge 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 14-12c, the narrative reason for separation to Misconduct (Serious Offense), the separation code to JKQ, and the reentry code to RE-3. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, paragraph 14-12c e. Change SPD / RE Code to: JKQ / 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 AR20180011536 4