1. Applicant's Name: a. Application Date: 20 April 2018 b. Date Received: 13 July 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 effect, is more focused and understands the decisions that were made at the time, were selfish. The applicant always dreamed of the Army as a career and now that the applicant has a wife and children to support, the applicant knows enlisting, the applicant will be more focused. In a records review conducted at Arlington, VA on 6 May 2019, 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 / Chapter 14-12c (2) / JKK / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 28 June 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 31 December 2015 and 4 January 2016, he wrongfully used cocaine; On or about 20 January 2016, he made a false official statement to a CID Investigator; On or about 9 August 2015, he was drinking under the age of 21; On or about 9 August 2015, he was disrespectful to a noncommissioned officer; and, On or about 9 August 2015, he wrongfully communicated a threat. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 29 April 2016, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 May 2016 / 3 years, 19 weeks 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 February 2014 / General (Under Honorable Conditions) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 2 years, 4 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 2 October 2015, for disrespectful language toward a Noncommissioned officer (9 August 2015); and, for wrongfully communicating a threat to SGT C and SGT R (9 August 2015). The punishment consisted of a reduction to E-2; forfeiture of $633 pay per month for two months (suspended); and, extra duty and restriction for 45 days. General Officer Memorandum Of Reprimand, dated 7 October 2015, for driving at a high rate of speed on Fort Sill, with a passenger and open containers of alcohol in a vehicle not belonging to him, on 9 August 2015. He took a left turn, crashed the car he was driving, and fled the scene of the accident. When he was brought back to the scene of the accident, he was met by a Fort Sill Police Officer, who observed slurred speech and alcohol on his breath. He failed a standardized field sobriety test and the subsequent breathalyzer test showed he had a BrAC of 0.15. He was 20 years old at the time, which was under the legal drinking age. Law Enforcement Report - Initial Final, dated 3 January 2016, reflects an investigation established probable cause to believe the applicant, PFC S, PFC M and PFC G committed the offenses of Wrongful Use of Cocaine when they used cocaine and subsequently provided urine specimens which tested positive for the presence of the drug. Further, investigation determined they committed the offenses of Conspiracy to Commit False Official Statement and False Official Statement when they worked in concert to give false statements to CID and each individually provided statements to CID they knew to be false. Electronic Copy of DD Form 2624, dated 12 January 2016, reflects the applicant tested positive for COC 3610, > LOL (cocaine), during an Inspection Unit (IU) urinalysis testing, conducted on 4 January 2016. FG Article 15, dated 4 March 2016, for making a false official statement to a CID investigator that he did not do cocaine and that he took a supplement which caused a false positive UA (20 January 2016); and, for wrongfully using cocaine (between 31 December 2015 and 4 January 2016). The punishment consisted of a reduction to E-1; forfeiture of one month pay for two months (suspended); and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's record of service, 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 abusing illegal drugs, the applicant knowingly risked a military career and marred the quality of his service. 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 service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (drug abuse). Soldiers processed for misconduct (drug abuse) will be assigned an SPD Code of JKK and an RE Code of 4. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Notwithstanding the administrative error, an RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Notwithstanding the administrative error, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 May 2019, 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 AR20180011710 1