1. Applicant’s Name: a. Application Date: 13 July 2015 b. Date Received: 30 July 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 for the purpose of being able to advance in his career. The applicant states that during AIT he was selected for the Fast Track Program and promoted at his graduation. Immediately following Jump School, the applicant contends that he had a disease dealing with substance abuse issues. Since his discharge, the applicant states that he has been through a lot, changed his life for the best, and has corrected his negative behavior within himself. He has worked hard to be the best that he can. In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, the Board noted that the government introduced the results of a command directed urinalysis and a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. 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. 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 22 September 2000 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 August 2000 (2) Basis for Separation: The applicant wrongfully used a controlled substance, (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 31 August 2000 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 21 April 1999 / 3 years b. Age at Enlistment/Education/GT Score: 21 / HS Graduate / 108 c. Highest Grade Achieved/MOS/Total Service: E-2 / 11B1P, Infantryman / 1 year, 5 months, and 2 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: DD Form 2624 (Specimen Custody Document-Drug Testing), dated 22 May 2000, reflects the applicant tested positive for cocaine during a Competence for Duty/Command Direct/Fitness for Duty (CO) urinalysis testing conducted on 22 May 2000. Womack Army Medical Center Memorandum, dated 13 July 2000, written by the Clinical Director, SARS, reflects the applicant was a self-referral to the Fort Bragg Substance Abuse Rehab Service (SARS) for substance abuse evaluation. The applicant was evaluated and enrolled in an outpatient treatment program 8 May 2000. The applicant had a positive urinalysis while in rehabilitation treatment. In accordance with AR 600-85, the applicant was to be declared a rehabilitation failure and was cleared for any administrative action deemed necessary. FG Article 15, dated 4 August 2000, for wrongfully using cocaine (between 15 May 2000 and 22 May 2000). The punishment consisted of a reduction to E-1, forfeiture of 15 days pay per month for two months, and 45 days extra duty and restriction. Several DA Forms 4856 (Developmental Counseling), dated between 30 October 1999 and 13 July 2000, for enrollment into the SARS program and testing positive for the wrongful use of cocaine while enrolled in a drug treatment program. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822-R (Report of Mental Status Evaluation), dated 22 June 2000, reflects the applicant did not have any evidence of any psychiatric disorder that would warrant treatment or disposition through medical channels, or such a personality disorder as to warrant recommendation for appropriated administrative action. The applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in administrative or judicial proceedings. The applicant was cleared for any administrative action deemed appropriated by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; several letters of support; college transcript; and certificates of excellence, achievement, and recognition. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 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 discharge. However, the applicant’s service record contains a DD Form 2624 (Specimen Custody Document for Drug Testing), dated 22 May 2000, that reflects his urinalysis test was coded CO which indicates "Competence for Duty/Command Direct/Fitness for Duty.” The record also contains a memorandum from Womack Army Medical Center, dated 13 July 2000, which indicates the applicant was a self-referral to the Fort Bragg Substance Abuse Rehab Service (SARS) for substance abuse evaluation. The applicant was evaluated and enrolled in an outpatient treatment program 8 May 2000. The government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse and the results of a command directed urinalysis. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. The discharge was 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 28 September 2016, and by a 5-0 vote, the Board noted that the government introduced the results of a command directed urinalysis and a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. 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. 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: No Change 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013007 1