1. Applicant’s Name: a. Application Date: 21 April 2015 b. Date Received: 24 April 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant submitted no issues of equity or propriety to be considered by the board. In a records review conducted at Arlington, VA on 6 July 2016, and by a 5-0 vote, the Board noted that the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation) and that it was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. However, the Board found the reason for discharge was fully supported by the record and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 24 April 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 February 2009 (2) Basis for Separation: The applicant was informed of the following reasons: receiving a Company Grade Article 15, on 10 October 2008, for violation of the Army Substance Abuse Program (ASAP) policy by wrongfully having a blood alcohol level greater than .05 grams of alcohol per 100 milliliters of blood while on duty, Receiving a Field Grade Article 15 on 17 December 2008, for testing positive for marijuana, a controlled substance, and On 2 January 2008, his unit was notified that he tested positive for marijuana. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 26 February 2009, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general (under honorable conditions). On 19 March 2009, the separation authority having reviewed the applicant’s administrative separation packet denied the applicant’s request for a conditional waiver of his administrative separation board. On 7 April 2009, the applicant unconditionally waived consideration of his case by an administrative separation board. (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 17 April 2009 / Under Other Than Honorable Conditions. The separation authority determined that the applicant’s medical conditions was not the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination. In accordance with Army Regulation 635-200, paragraph 1-33c, the applicant was not referred to a physical evaluation board (PEB). 4. SERVICE DETAILS: a. Date/Period of Enlistment: 7 March 2006 / 5 years b. Age at Enlistment/Education/GT Score: 23 years / 14 years / 115 c. Highest Grade Achieved/MOS/Total Service: E-3 / 31B10, Military Police / 3 years, 1 month, and 18 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Electronic copy of the DD Form 2624, dated 1 November 2007, reflects the applicant tested positive for marijuana during an Inspection Random (IR) urinalysis testing conducted on 26 October 2007. A Military Police Report, dated 2 November 2007, which shows the applicant was the subject of investigation for controlled substance violations, use of marijuana-determined by urinalysis test FG Article 15, dated 29 November 2007, for the wrongful use of marijuana between 27 September 2007 and 26 October 2007. The punishment consisted of reduction to E-1, forfeiture of $275.00 pay per month for two months, and 45 days of extra duty and restriction. CG Article 15, dated 1 October 2008, for violating a lawful general regulation; to wit; paragraph 1-34(b), AR 600-85, Army Substance Abuse Program (ASAP), by wrongfully having a blood alcohol level greater than .05 grams of alcohol on or about 19 September 2008. The punishment consisted of forfeiture of $314.00 pay for one month and 14 days of extra duty and restriction. Electronic copy of the DD Form 2624, dated 5 December 2008, reflects the applicant tested positive for marijuana during a Rehabilitation Test (RO) urinalysis testing conducted on 25 November 2008. FG Article 15, dated 18 December 2008, for the wrongful use of marijuana between 27 October 2008 and 25 November 2008. The punishment consisted of forfeiture of $673.00 for two months and 45 days of extra duty and restriction. Electronic copy of the DD Form 2624, dated 19 December 2008, reflects the applicant tested positive for marijuana during a Rehabilitation Test (RO) urinalysis testing conducted on 11 December 2008. Electronic copy of the DD Form 2624, dated 30 December 2008, reflects the applicant tested positive for marijuana during a Rehabilitation Test (RO) urinalysis test conducted on 19 December 2008. Electronic copy of the DD Form 2624, dated 31 December 2008, reflects the applicant tested positive for marijuana during an Inspection Random (IR) urinalysis test conducted on 18 December 2008. Electronic copy of the DD Form 2624, dated 25 February 2009, reflects the applicant tested positive for marijuana during a Rehabilitation Test (RO) urinalysis test conducted on 17 February 2009. Several negative counseling statements dated between 15 November 2007 and 12 January 2009, for testing positive on a urinalysis on several occasions, being drunk on duty, and recommendation for discharge from the US Army IAW AR 635-200, Chapter 14-12c (Serious Offense) as a result of (having a BAC greater than .05 and several incidents of wrongful use of marijuana). i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3947 (Medical Evaluation Board Proceedings), dated 30 January 2009, which shows the applicant was diagnosed with exercise induced compartment syndrome with refractive shin splints. Which did not meet retention standard IAW AR 40-501, Chapter 3-14h. The board recommended referral to a Physical Evaluation Board (PEB). DA Form 3822-R (Report of Mental Status Evaluation), dated 15 January 2009, reflects the diagnosis of Axis I was ruled out for alcohol use disorder and cannabis abuse. At the time there was no evidence of a cognitive disorder or severe mental disease or defect. From a psychiatric perspective, the applicant met retention requirements, was fit for duty and commanded full capacity. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 21 April 2015, and 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. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant’s record of service, the documents and the issues submitted with the 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. Furthermore, by violating the Army's policy not to possess or use illegal drugs, the applicant 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 or general, under honorable conditions discharge at the time of his separation from the Army. However, evidence in the record confirms that the government introduced into the discharge packet the results of several biochemical test that were coded RO (Rehabilitation) and that they were part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test were administered as part of the applicant’s rehabilitation program. Use of this information mandates award of an honorable characterization of service. The discharge was not 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 6 July 2016, and by a 5-0 vote, the Board noted that the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation) and that it was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. However, the Board found the reason for discharge was fully supported by the record and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150007594 5