1. Applicant's Name: a. Application Date: 1 May 2019 b. Date Received: 6 May 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, proudly served the country, twice. The applicant received an Honorable discharge from the Army National Guard for six years of service, which included a tour in support of OIF from 2007 to 2008. The applicant served as the S-2 NCOIC with a Cavalry Regiment and earned an ARCOM. The applicant served a second enlistment on Active Duty in Germany. During that period of time, the conscientious objection developed-the applicant no longer wanted to continue serving because the applicant's beliefs no longer aligned with that of the US Government's geopolitical agenda. The applicant informed the chain of command of the desire to apply as a Conscientious Objector under AR 600-43. The applicant submitted the request; however, after being subjected to punishment and unequal treatment, the applicant found that the application was never sent to Pentagon. Out of frustration and discontent, the applicant decided to smoke marijuana, as an opportunity for the chain of command to discharge the applicant for misconduct. This was not the most respectable decision, because this action did not characterize the applicant's entire service. The applicant never actually "abused" drugs and currently, marijuana is no longer considered a Schedule I substance. The applicant was always a dependable and go-to Soldier, which the applicant continues to be in the community as a civilian. The current discharge precludes the applicant from multiple opportunities for growth and advancement. The applicant continues to serve the country in many ways. The applicant was recognized by the State of Maryland's Governor for community service in financial literacy. The applicant helped Veterans and their families in the community for two years. The applicant served as the Post Surgeon at VFW Post 3285. An upgrade will allow the applicant to continue to serve the community and advance the applicant's development, education, and growth as a volunteer and a professional. The isolated incident does not represent the applicant's complete military career. 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 Cannabis Abuse. The VA has diagnosed the applicant with PTSD. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 28 October 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), a prior period of honorable service, and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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: 24 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 September 2012 (2) Basis for Separation: The applicant tested positive for marijuana on a urinalysis conducted on 3 April 2012. (3) Recommended Characterization: The unit commander recommended Under Other Than Honorable Conditions and the battalion commander recommended General (Under Honorable Conditions) characterization (4) Legal Consultation Date: Waived, 19 September 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 October 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 December 2010 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 35F10, Intelligence Analyst / 8 years, 4 months, 27 days d. Prior Service / Characterizations: ARNG (28 May 2004 to 20 June 2005) / NA IADT (21 June 2005 to 10 November 2005 / HD ARNG (11 November 2005 to 8 June 2007) / NA OIF MOB (9 June 2007 to 5 April 2008 / HD ARNG (6 April 2008 to 27 May 2010) / HD USAR (28 May 2010 to 8 December 2010) / NA e. Overseas Service / Combat Service: Germany, SWA / Iraq (1 September 2007 to 2 March 2008), f. Awards and Decorations: ARCOM; NDSM-BSS; ICM-AH; GWOTSM; ASR; AFRM-M DEV; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 16 November 2011, for failing to go to his appointed place of duty at the prescribed time on four separate occasions, on 13 September 2011, 14 September 2011, 16 September 2011, and 30 September 2011, and making a false official statement on 16 September 2011. The punishment consisted of a reduction to E-3 (suspended), and 14 days of extra duty and restriction. An Electronic Copy of DD Form 2624 (Specimen Custody Document - Drug Testing), dated 4 May 2012, indicates the specimen collected on 3 April 2012, on an "IR" (Inspection, Random) basis, provided by the applicant, tested positive for "THC." Counseling statements for informing the applicant of testing positive for THC; violating the unit commander's revoking of the applicant's privilege to wear civilian clothes at any time and his off-post privileges; and ensuring requirements of the imposition of extra duty and restriction are understood and complied with. FG Article 15, with its associated investigative documents (i.e., CID report), dated 23 August 2012, for wrongfully using marijuana between 3 March 2012 and 3 April 2012. The punishment consisted of a reduction to E-3, and 30 days of extra duty and restriction. Reports of Mental Status Evaluation, dated 30 July 2012 and 23 February 2012, providing no diagnoses, cleared the applicant for participation in any administrative proceedings his command deemed necessary, and the latter evaluation was for the applicant's request for conscientious objector status. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 1 May 2019; certificate of appreciation; Order of the Spur certificate; Recommendation for Award with ARCOM certificate; NGB Form 22, dated 27 May 2010; DA Form 4187, dated 26 December 2011; counseling statement, dated 11 January 2012; Memorandum for Record, dated 4 May 2012; character reference statement, dated 5 January 2012; DD Form 214; picture depicting VFW membership card; and State of Maryland Governor's Volunteer Service Certificate, dated 21 April 2017. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that since his discharge, he continues to be a "go-to" person for his community; he continues to serve his country in many ways; he was recognized by the State of Maryland's Governor for community service in financial literacy; he helped Veterans and their families in his community for two years; and he served as the Post Surgeon at VFW Post 3285. 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, paragraph 14-12c(2), 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 to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. 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, as a Soldier, had the duty to support and abide by the Army's drug policies. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his accomplishments and complete period of service were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. Further, the Army Discharge Review Board is authorized to consider post-service factors in the re-characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant's contentions about his chain of command not processing his application to Pentagon for a Conscientious Objector status and separation under AR 600-43, while being subjected to punishment and unequal treatment, were carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced sufficient evidence to support his issues. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further sufficient evidence in support of this request for an upgrade of the discharge and to change the narrative reason for his discharge. Insofar as the applicant's contention that an upgrade would allow him to continue to serve his community and advance his development, education, and growth, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities, or to obtain veterans' benefits. Eligibility for veterans' 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. The applicant contends the incident that caused his discharge was an isolated incident. 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 requests to change the narrative reason for his separation; however, the narrative reason is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14- 12c(2) is "Misconduct (Drug Abuse)," and the separation code is JKK. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The third party statement provided with the application speak highly of the applicant's character. However, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. 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 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): None b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 28 October 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), a prior period of honorable service, and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / RE-3 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 AR20190007238 1