1. Applicant's Name: a. Application Date: 26 June 2018 b. Date Received: 10 August 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change to narrative reason for discharge. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to get good health insurance. The applicant understands the acts in the military were very unpatriotic like; however the actions never physically or mentally injured any fellow battle buddies or any leadership, nor the applicant. The applicant believes that even though the applicant failed a urinalysis for marijuana, the applicant still remained combat ready. The applicant was mentally and physical during the physical fitness test and during 2IBCT training deployment to Fort Polk Louisiana where the applicant was a dismount/driver and where the applicant received an army Achievement Medal (AAM) for performance during the training event. This all was after the applicant failed the urinalysis; another legitimate reason why the applicant should be upgraded is because the applicant only failed for marijuana. The applicant knows it's illegal but so is crack cocaine and drinking and driving which causes death or injury to self and others which the applicant never did. If the applicant had done a harder drug or maybe hurt someone while under the influence of marijuana, but the applicant harmed no one, not even oneself. The applicant had seven months left on the enlistment, and has seen where people have gotten into trouble not even a year into their contract. The applicant contends the reason for using marijuana was because the applicant and fiancé were expecting but she had a miscarriage. The applicant was stressing a lot and needed something to relieve the stress and because the applicant did not drink, the applicant smoked a little joint. But once again, the applicant never hurt anyone neither did the applicant cause the Army a lot of money or issues. The applicant contends it is hard for a veteran with this characterization of service to get good health insurance that the applicant really needs it because of glasses and needs the eyes checked every six months. In a records review conducted at Arlington, VA on 29 January 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 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 26 October 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using marijuana between 24 December 2016 and 23 January 2017 (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: On 4 October 2017 the separation authority having reviewed the applicant's separation under AR 635-200, Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs directed the applicant be separated from the Army prior to the expiration of his current term of service with a characterization of service of General (Under Honorable Conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 March 2015 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 2 years, 7 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 23 June 2017, for the wrongful use of marijuana between 24 December 2016 and 23 January 2017. The punishment consisted of reduction to E-1, forfeiture of $799 pay per month for two months (suspended), extra duty for 45 days, and oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; AAM certificate / request; and optometric medical records. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 and a change to his narrative reason for discharge. 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 a 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 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." 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 understands the acts he formed while in the military were very unpatriotic like; however his actions never physically or mentally injured any of his fellow battle buddies or any of his leadership, nor himself. He believes that even though he failed a urinalysis for marijuana he still remained combat ready. He was mentally and physical during his physical fitness test and during 2IBCT training deployment to Fort Polk Louisiana where he was a dismount/driver and where he received an army Achievement Medal (AAM) for his performance during the training event. This all was after he failed his urinalysis; another legitimate reason why he believes he should be upgrade is because he only failed for marijuana. He knows it's illegal but so is crack cocaine and drinking and driving which causes death or injury to self and others which he never did. He understands if he had done a harder drug or maybe hurt someone while he was under the influence of marijuana, but he harmed no one not even himself. He had seven months left on his enlistment, he has seen where people have gotten into trouble not even a year into their contract. He contends the reason for his using marijuana was because he and his fiancé were expecting but she had a miscarriage. He was stressing a lot and needed something to relive his stress and because he did not drink he smoked a little joint. But once again he never hurt anyone neither did he cause the Army a lot of money or issues. He contends it is hard for a veteran with his characterization of service to get good health insurance that he really needs because he wears glasses and needs his eyes checked every six months The applicant's contentions were noted; however, the service record indicates the applicant committed a discrediting offense, which constituted a departure from the standards of conduct expected of Soldiers in the Army. 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. Also, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to get good health insurance. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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. It should be noted 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 29 January 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 AR20180014043 1