1. Applicant’s Name: a. Application Date: 15 May 2015 b. Date Received: 26 May 2015 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, he would like an upgrade to receive more services from the VA and to become a more helpful and productive member of society. He was discharged for smoking marijuana one time. Since his discharge, the applicant attends college to secure a better future for himself. He has also been in a rehabilitation facility for almost three months He is homeless due to alcoholism. In a records review conducted at Arlington, VA on 3 August 2016, and by a 5-0 vote, the Board noted that the government introduced the results of a rehabilitation testing urinalysis into the discharge process. 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: Misconduct (Drug Abuse) / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / General, Under Honorable Conditions b. Date of Discharge: 16 November 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 October 2012 (2) Basis for Separation: The applicant was informed of the following reasons: Wrongfully used marijuana (between 11 August 2012 and 10 September 2012); Derelict in his duties by failing to stay awake at his guard post (16 February 2012); Disobeyed a lawful order from SGT D.B. (2 April 2012); Disrespectful toward SGT D.T. by calling him “a fat joke” (4 April 2012); Wrongfully operated a dirt bike without proper training (26 May 2012); Failed to report to his appointed place of duty at the prescribed time on divers occasions (16 July 2012, 16 August 2012, and 17 August 2012); and, Being found drunk on duty (17 July 2012). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 30 October 2012 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 1 November 2012 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 17 November 2011 / 4 years b. Age at Enlistment/Education/GT Score: 23 / HS Graduate / 92 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B1O, Infantryman / 4 years, 2 months, and 27 days d. Prior Service/Characterizations: RA (20 August 2008-16 November 2011) / HD e. Overseas Service/Combat Service: SWA / Iraq (1 September 2009 - 1 August 2010) f. Awards and Decorations: ARCOM, AGCM, NDSM, ICM-CS, GWTSM, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), dated 17 June 2009, for driving under the influence on post. FG Article 15, dated 29 June 2012, for being derelict in the performance of his duties (16 February 2012); willfully disobey a lawful order from SGT D.B. (2 April 20120); being disrespectful in language toward SGT D.T. by calling him “a fat joke” (4 April 2012); without authority, leaving his appointed place of duty (4 April 2012); and failing to obey a lawful order (26 May 2012). The punishment consisted of a reduction to E-1; forfeiture of $745.00 pay for two months, and 45 days of extra duty and restriction. FG Article 15, dated 7 August 2012, for being found drunk on duty (17 July 2012). The punishment consisted of forfeiture of $745.00 pay per month for two months; extra duty and restriction for 45 days. Electronic copy of the DD Form 2624, dated 20 September 2012, reflects the applicant tested positive for marijuana during a Rehabilitation Testing (RO) urinalysis testing conducted on 10 September 2012. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; letter, Department of Veterans Affairs, education benefits under Post-9/11GI Bill (two pages); and a letter, the Open Door Ministry/with resident agreement (three pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant attends college to secure a better future for himself and has been in a rehabilitation facility for almost three months. 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 analyst noted that the government introduced into the discharge packet the results of a biochemical test conducted on 10 September 2012, which was coded “RO” (Rehabilitation Testing) and that was 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 was 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 not 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 3 August 2016, and by a 5-0 vote, the Board noted that the government introduced the results of a rehabilitation testing urinalysis into the discharge process. 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 AR20150009274 4