1. Applicant's Name: a. Application Date: 5 July 2018 b. Date Received: 9 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 or changed to an entry level separation. The applicant seeks relief contending, in effect, the discharge was based on one isolated incident and other than the one incident, the applicant was a stellar Soldier and had no problems. After discharge, the applicant entered the workforce, but in order to further improve the living standards, the applicant would need an upgrade to attain a better career. Since discharge, the applicant used the benefits in order to go back to school and further an education. The applicant was informed that because of the discharge status, acquiring a career in the field the applicant is studying, is next to impossible. An upgrade to honorable would definitely help the applicant's career and ability to feed the family. In a records review conducted at Arlington, VA on 13 December 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-4 / General (Under Honorable Conditions) b. Date of Discharge: 8 March 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 February 2017 (2) Basis for Separation: The applicant was informed of the following reasons: In that the applicant did, at or near Fort Drum, New York, between on or about 29 October 2016 and on or about 29 November 2016, wrongfully use marijuana; and, in that he did, at or near Fort Drum, New York, on or about 25 September 2016, physically control, to wit: a passenger car while drunk. His blood alcohol content was .09 percent. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 23 February 2017, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 February 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 February 2016 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-1 / 13B10, Cannon Crewmember / 1 year, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 27 September 2016, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. General Officer Memorandum Of Reprimand, dated 25 October 2016, for driving an automobile while under the influence of alcohol. This conduct is in violation of Article 111, Uniform Code of Military Justice, and New York state law. On 25 September 2016, a Jefferson County Sheriff observed a vehicle traveling at 91 MPH in a 65 MPH zone while operating with a broken left tail light. The vehicle exited the highway and pulled into a parking lot, where a traffic stop was initiated and he was identified as the operator. An odor of an alcoholic beverage was detected emitting from his breath. He failed a field sobriety test and a breathalyzer test detected that he had a blood alcohol content of .09 percent. He also drank alcohol while being under the legal drinking age of 21. Electronic Copy of DD Form 2624, dated 11 January 2017, reflects the applicant tested positive for THC 42 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 29 November 2016. Law Enforcement Report - Initial - Final, dated 6 February 2017, reflects and investigation established probable cause existed to believe that the applicant committed the offense of Wrongful Use of Marijuana. 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: The applicant states he obtained employment and is furthering his education. 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 or changed to an entry level separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 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 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 requests that if an upgrade is not granted, then at least change his discharge to an entry level separation. However, 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 regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, at the time of the notification of initiation of separation proceedings, the applicant had more than 180 days of continuous active duty service, therefore, the applicant was not in an entry level status. 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 13 December 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 AR20180015577 1