1. Applicant's Name: a. Application Date: 14 December 2018 b. Date Received: 21 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, needs an upgrade for employment opportunities and to use the Post/911 GI Bill for school and housing. In a records review conducted at Arlington, VA on 29 April 2020, and by a 3-2 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: 3 January 2019 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: The applicant provided his election of rights, on 17 September 2018, he voluntarily waived consideration of his case by an administrative separation board contingent upon being allowed to take all of his leave balance (45 days as of 1 October) as transitional leave. (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 20 September 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 May 2016 / 4 years / 3 months extension, 22 November 2016 b. Age at Enlistment / Education / GT Score: 24 years / HS Graduate / 81 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B2P, Infantryman / 8 years. 8 months, 17 days d. Prior Service / Characterizations: ARNG, 17 March 2010 to 18 July 2010 / NA IADT, 19 July 2010 to 18 November 2010 / HD ARNG, 19 November 2010 to 24 November 2011 / NA AD, 25 November 2011 to 24 March 2013 / HD ARNG, 25 March 2013 to 29 October 2013 / HD RA, 30 October 2013 to 1 May 2016 / HD e. Overseas Service / Combat Service: Alaska, prior service / Italy / SWA / Afghanistan, 23 February 2012 to 15 November 2012, prior service / Afghanistan, 22 February 2014 to 7 November 2014 f. Awards and Decorations: ARCOM, AAM, AGCM-2, NDSM, ACM, ACM-2CS, GWOTSM, AFRM, AFRM-"M" DEV, ASR, OSR-2, NATO MDL, CIB, USNAM g. Performance Ratings: 1 April 2016 to 15 November 2016, Qualified 3 November 2016 to 17 June 2017, Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 3 November 2016, for being derelict in the performance of his duties in that he negligently failed to stay awake while assuming duty at the Division Readiness Cage, as it was his duty to do (21 October 2016); forfeiture of $652 pay (suspended), extra duty for 7 days and restriction for 7 days (suspended). Positive urinalysis test coded IU (Inspection Unit), dated 15 January 2018, for cocaine. FG Article 15, dated 29 August 2018, for wrongful use of cocaine between (8 January 2018 and 15 January 2018); reduction to SPC / E-4, forfeiture of $1,298 pay for two months (suspended), extra duty and restriction for 45 days and an oral reprimand. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); two DD Forms 214; two applicant's personal statement; support statement, applicant's spouse; election of rights, conditional waiver (two pages); NCOER; ARCOM Certificate; AAM Certificate; recommendation for award (two pages); three character statements; and applicant's letter to the Army Discharge Review Board (two pages). 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. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of misconduct (drug abuse), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct (drug abuse), with a reentry eligibility (RE) code of 4. The applicant seeks relief contending, he needs an upgrade for employment opportunities and to use his Post/911 GI Bill for school and housing. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. The third party statements provided with the application speak highly of the applicant's performance. However, the persons providing the character reference statements were in and some not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. Based on the available record, the discharge appears 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 29 April 2020, and by a 3-2 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 AR20190002537 1