1. Applicant's Name: a. Application Date: 8 April 2019 b. Date Received: 15 April 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 seeks relief contending, in effect, he was told by leadership that he could stay in the military, but was discharge with a general discharge. He would like an upgrade of his discharge characterization to honorable, so he can reenter the military. In a telephonic personal appearance hearing conducted at Arlington, VA on 7 December 2020, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. (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: 23 January 2018 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 19 December 2017 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully used Alpha Alprazolam 526 (Xanax) between (1 February 2017 and 28 February 2017). (3) Recommended Characterization: The unit commander recommended the applicant be retained and a rehabilitative transfer as directed by the G-1 MPD. He also recommend a General (Under Honorable Conditions) discharge. The intermediate commander recommended the applicant be retained and a rehabilitative transfer as directed by the G-1 MPD. (4) Legal Consultation Date: 21 December 2017, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 January 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 October 2015 / 4 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-3 / 89B10, Ammunition Specialist / 2 years, 2 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IR (Inspection Random), dated 7 February 2017, for AHAL. FG Article 15, dated 24 August 2017, for wrongful use of Xanax, a schedule IV controlled substance between (1 February 2017 and 28 February 2017); reduction to PV2 / E-2, forfeiture of $896 pay for two months (suspended), extra duty and restriction for 45 days and an oral reprimand. A negative counseling statement dated, 26 September 2017, for notification of pending separation action. Report of Mental Status Evaluation, dated 17 November 2017, revealed no behavioral health diagnoses. For other medical diagnoses see AHLTA record. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; FG Article 15 (four pages) and Chapter 14 separation packet (62 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. 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 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, 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 his 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 seeks relief contending, he was told by leadership that he could stay in the military, but was discharged with a general discharge. The unit and intermediate commanders recommended the applicant be retained and a rehabilitative transfer. However, the separation approving authority is not bound their recommendations. The separation authority directed the applicant be separated with characterization of service of general (under honorable conditions). 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. The applicant would like an upgrade of his discharge characterization to honorable, so he can reenter the military. Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. b. The applicant presented the following additional contention(s): c. Counsel / Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a telephonic personal appearance hearing conducted at Arlington, VA on 7 December 2020, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20190006684 4