1. Applicant's Name: a. Application Date: 17 October 2018 b. Date Received: 22 October 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 change the narrative reason for discharge. The applicant seeks relief contending, in effect, would like a second chance at being great. The applicant took pride in serving with the 101st Airborne. The applicant made a mistake and took a painkiller and failed a urinalysis. The applicant felt terrible about it because the applicant enjoyed serving with the unit but a career being cut short. The applicant successfully completed ASAP and would like to continue repairing military aircrafts. The applicant contends that since separation from the military the applicant has matured and stays active in serving veterans and volunteering in the community. The applicant made a mistake that the applicant is not proud of and would like a second chance at being great. 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 Opioid Use. The applicant is 70% service-connected for PTSD from the VA. The applicant has also been diagnosed with Mood Disorder, Bipolar Disorder, PTSD, Substance Abuse, Cocaine Use Disorder, Benzo Use Disorder, Alcohol Abuse, and Cluster B Personality Traits. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. 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 / General (Under Honorable Conditions) b. Date of Discharge: 12 May 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 April 2017 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using oxycodone, a scheduled II controlled substance between 22 June 2016 and 29 June 2016. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 May 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 May 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 June 2014 / 6 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15T10, UH-60 Helicopter Repairer / 2 years, 10 months, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: General Officer Administrative Reprimand, dated 20 October 2015, which indicates the applicant was reprimand for refusing to take a lawfully requested test to measure the alcohol content of his breath when there was reasonable belief that he was driving und the influence of alcohol. Electronic copy of the DD Form 2624, dated 19 July 2016, reflects the applicant tested positive for OXCOD 132 during an Inspection Unit (IU) urinalysis testing conducted on 29 June 2016. Army Substance Abuse Program (ASAP) Enrollment, dated 17 October 2016, showing the applicant was referred to the program for the use of OXCOD. FG Article 15, dated 8 February 2017, for wrongfully using Oxycodone between 22 June 2016 and 29 June 2016. The punishment consisted of reduction to E-2, forfeiture of $896.00 pay (suspended), and 30 days extra duty. Report of Mental Status Evaluation, dated 25 January 2017, indicates the applicant could understand and participated in administrative proceedings and appreciated the difference between right and wrong. It was noted that the applicant had a history of brief BH treatment and declined any further services from 101 CAB BH at the time of his evaluation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: 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 an upgrade of his general (under honorable conditions) discharge to honorable and change his narrative reason for discharge. 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 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 would like a second chance at being great. The applicant contends that he took pride in serving with the 101st Airborne; he made a mistake and took a painkiller and failed a urinalysis. He felt terrible about it because he enjoyed serving with his unit but his career was cut short. He successfully completed ASAP and would like to continue repairing military aircrafts. He contends that since his separation from the military he feels that he has matured and stays active in serving veterans and volunteering in his community. He made a mistake that he is not proud of and would like a second chance at being great. 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. The applicant's post-service accomplishments were noted and the applicant is to be commended on post-service accomplishment. However, 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; by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct. 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 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 AR20180014689 1