1. Applicant's Name: a. Application Date: 31 May 2016 b. Date Received: 20 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, the he would like an upgrade of his discharge for the purpose of being able to receive his GI Bill benefits. In a records review conducted at Arlington, VA on 2 October 2017, and by a 5-0 vote, the Board determined that the discharge was improper. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded CO. The inclusion of the test administered is limited use information as defined in AR 600-85 and is protected evidence. Use of this information mandates award of an honorable characterization of service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. Also, the Board noted the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. prior period of honorable service). Accordingly, the Board voted to change the separation authority to AR 635- 200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12c(2) / JKK / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 14 November 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 August 2002 (2) Basis for Separation: The applicant was informed of the following reason: having tested positive for marijuana in a company urinalysis administered on 19 March 2002. He was offered a Field Grade Article 15 on 25 June 2002, but refused, demanding a court-martial. The Battalion Commander recommend a summary court-Martial, which he also refused. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 October 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 November 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 September 2001 / 3 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19K20, K4 MI Armor Crewman / 4 years, 9 months, 24 days d. Prior Service / Characterizations: RA, 21 January 1998 to 27 July 2000 / HD RA, 28 July 2000 to 5 September 2001 / HD e. Overseas Service / Combat Service: SWA, Bosnia / Bosnia (29 August 1998 to 1 April 1999) and Kuwait (18 December 2000 to 18 April 2001) f. Awards and Decorations: AAM-2, AGCM, AFEM-2, NOPDR, ASR, NATOMDL g. Performance Ratings: August 2001 to February 2002, Fully Capable March 2002 to November 2002, Marginal h. Disciplinary Action(s) / Evidentiary Record: There is a positive urinalysis report contained in the record coded: CO (Competence for Duty/Command Direct/Fitness for duty), dated 29 March 2002, that shows the applicant tested positive for THC on 19 March 2002. Military Police Report, dated 15 April 2002, indicates the applicant was the subject of investigation for wrongful use/possession of a controlled substance (marijuana). Evidence in the record shows the applicant refused to accept trial by court-martial and a Field Grade Article 15. Several negative counseling statements reference the applicant having a positive urinalysis result. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of records contains a DD Form 2624 (Specimen Custody Document for Drug Testing) that shows the urinalysis test was coded CO which indicates "Competence for Duty/Command Direct/Fitness for duty." The Limited Use Policy applies to this test basis, per AR 600-85. The unit commander's notification memorandum indicates the applicant tested positive for marijuana in a company urinalysis administered on 19 March 2002. There are no documents in the record indicating the DD Form 2624 was incorrectly coded. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 2 October 2017, and by a 5-0 vote, the Board determined that the discharge was improper. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded CO. The inclusion of the test administered is limited use information as defined in AR 600-85 and is protected evidence. Use of this information mandates award of an honorable characterization of service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. Also, the Board noted the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. prior period of honorable service). Accordingly, the Board voted to change the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. 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, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore Grade 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 AR20160011531 1