1. Applicant's Name: a. Application Date: 8 January 2019 b. Date Received: 11 January 2019 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 submitted several issues regarding child support payment and child support orders. The applicant did not submit any issues of equity or propriety to be considered by the Board. 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 Adjustment Disorder and Cannabis Intoxication. The VA has diagnosed the applicant with Depression, Anxiety, and Delusional Disorder. 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 8 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 26 contains an erroneous entry. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 26, separation code changed to JKQ (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 July 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 2 June 2008 (2) Basis for Separation: The applicant was informed of the following reasons his discharge; on 12 September 2007, she received a FG Article 15 for being AWOL; she tested positive for THC at a level of 41; and she went AWOL (1 May 2008 to 13 May 2008). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 June 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 June 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 November 2005 / 3 years, 26 weeks b. Age at Enlistment / Education / GT Score: 25 years / HS Graduate / 85 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63H10, Tracked Vehicle Mechanic / 2 years, 2 months, 9 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: FG Article 15 dated, 12 September 2007, for being absent from her unit (17 July 2007 to 16 August 2007); the continuation page is not contained in the available record; reduction to PVT / E-1, forfeiture of $650 pay for two months (suspended), extra duty and restriction for 45 days. Positive urinalysis test coded IU (Inspection Unit), dated 31 March 2008, for THC. Report of Mental Status Evaluation, dated 14 April 2008, revealed no evidence of current suicidal or homicidal intent or plan; altered thought process, or any psychiatric disorder which would explain the behaviors for which this separation is being considered. She was mentally responsible, able to distinguish right from wrong ad to adhere to the right, and had the mental capacity to participate in the proceedings. She was appropriate for any administrative action deemed appropriate by Command. The applicant received numerous negative counseling statements for various acts of misconduct and being notified of pending separation action. i. Lost Time / Mode of Return: AWOL x3 for 159 days, 12 June 2007 to 10 July 2007 for 29 days, returned to unit; 16 July 2007 to 15 August 2007 for 30 days, mode of return unknown; and 30 November 2007 9 March 2008 for 100 days; mode of return unknown. Total lost time 159 days. Also the period of 1 May 200813 to 13 May 2008, is not annotated in block 29, dates of lost time during this period. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); earnings statement; Affidavit to Request Arrears and to Close Case (two pages); Georgia Department of Human Resources, Division of Child Support Services document; and a DD Form 214. 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. 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. 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 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 her 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, by violating the Army's policy not to possess or use illegal drugs, 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 her service below that meriting an honorable discharge at the time of separation. 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 submitted several issues regarding child support payment and child support orders. This matter does not fall under the purview of the Army Discharge Review Board. This matter should be addressed through the local civilian courts. The applicant did not submit any issues of equity or propriety to be considered by the Board. 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 8 May 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 26 contains an erroneous entry. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 26, separation code changed to JKQ 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: JKQ / 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 AR20190003580 1