1. Applicant's Name: a. Application Date: 19 November 2015 b. Date Received: 4 December 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, his discharge was predicated upon his command's unlawful and unwarranted introduction of his biochemical test from his Army Substance Abuse Program (ASAP) into his discharge. The biochemical test is protected evidence as defined by AR 600-85. Limited Use because the test was administered as a part of his rehabilitation program. Use of this information mandates the award of an honorable characterization of service. In a records review conducted at Arlington, VA on 8 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 26 June 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 March 2014 (2) Basis for Separation: The applicant wrongfully used marijuana (between on or about 1 October 2013 and 1 November 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 April 2014 (5) Administrative Separation Board: On 1 April 2014, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than honorable discharge. On 4 June 2014, the applicant, after consulting with counsel, voluntarily withdrew his previous conditional waiver, dated 1 April 2014. The applicant unconditionally waived his right to have his case considered before an administrative separation board. (6) Separation Decision Date / Characterization: 11 June 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 March 2012 / 3 years b. Age at Enlistment / Education / GT Score: 34 / HS Graduate / 107 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B10, Infantryman / 11 years, 5 months, 29 days (Note: the applicant's prior service in the Navy is not reflected on his DD Form 214) d. Prior Service / Characterizations: USN, 6 January 2001 to 5 July 2005 / NIF e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (8 March 2008 to 7 March 2009 and 23 June 2010 to 28 June 2011) f. Awards and Decorations: ICM-3CS, ARCOM, USN Unit Commendation, USN MUC, AGCM-3, NDSM, GWOTEM, GWOTSM, NCOPDR-2, ASR-2, USN SSDR-2, CIB g. Performance Ratings: 1 April 2012 thru 31 March 2013, Fully Capable 31 March 2013 thru 12 December 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: Memorandum, dated 13 November 2013, reflects the applicant tested positive for THC (marijuana) on 1 November 2013. CID Report of investigation, dated 6 December 2013, reflects the applicant was investigated for testing positive for the wrongful use of marijuana. FG Article 15, dated 12 December 2013, for wrongfully using marijuana (between 1 October and 1 November 2013). The punishment consisted of a reduction to E-4, forfeiture of $1,201 pay per month for two months (suspended), and extra duty and restriction for 45 days. Developmental Counseling Form for wrongfully testing positive for using marijuana (1 November 2013). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 25 February 2014, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with (Axis I) Cannabis Abuse, Alcohol abuse. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 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 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 provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should be retained on active duty. The applicant contends his command introduced protected "Limited Use" evidence into his separation packet, which now mandates an upgrade of discharge. However, a review of the applicant's service records and the separation proceedings, do not reflect any document related to a biochemical test administered as part of a rehabilitation program. The record reflects one Electronic Copy of DD Form 2624, which reflects the applicant was tested on 1 November 2014, as part of an Inspection Random (IR) urinalysis testing. Further, the applicant received counseling statements, which refer to the urinalysis test as a company test. The applicant provided no evidence to support his contention. Therefore 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 character of the applicant's discharge is commensurate with his overall service record. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 8 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) 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 AR20150019234 1