1. Applicant's Name: a. Application Date: 25 July 2016 b. Date Received: 25 July 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 and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, in effect, after serving one month and fourteen days in Iraq, an accidental discharge of his weapon resulted in a self-inflicted gunshot wound to his left foot. Prior to this accident, he was promoted to the rank of private first class, his proudest achievement, but he was subsequently divested over the incident as he had just been promoted. The accidental incident was determined to be in the line of duty. When he was demoted, he felt his career in the Army and his life as a whole, was over. He was no longer viewed as the excellent Soldier-he became depressed with daily suicidal thoughts, and he began to drink heavily. Once his unit returned from overseas, he was harassed almost daily and called a coward, and was assaulted twice but never reported them. To ease the pain of no longer being the best, he bought marijuana to block his depression. He reported his use, drinking, depression, and suicidal thoughts to his NCO, in an effort to get help. It was a plea for help but instead he was ordered to submit an immediate urinalysis, which he failed. The result of the test was used as evidence in a summary court-martial, and eventually, he was discharged from the Army. Since his discharge, he received dean's list awards at his community college. He obtained his commercial driver's license. He received his state carry conceal permit. He successfully passed the civil service test for the city's police department. He applied for the state university police program but was not accepted perhaps due to his summary court-martial and discharge. He made mistakes and learned that his mistakes would always be mistakes if left uncorrected. He never received copies of his accidental reports, nor the final determination, but his commanders received it five days after he was discharged. He was never informed of the limited use policy-his admission of use and plea for help should have failed under the limited use protection as the positive urinalysis was the sole evidence for his summary court-martial and his subsequent discharge. Per the Board's Medical Officer, based on the information available for review at the time, AHLTA records were not available for review. Mental Status Eval dated 9 February 2004 indicated a diagnosis of Cannabis Abuse and SM was psychiatrically cleared. Military records indicated SM successfully completed 6 hours of ASAP treatment on 2 February 2004. The Report of Medical History dated 11 February 2004 confirmed SMs report of a gunshot wound to his foot, resulting in foot pain. In a self-statement, SM reported feelings of depression and stress related to harassment from his unit following his early return from deployment. Although, there is a lack of evidence regarding his contention of using marijuana to self-medicate depressive symptoms, he likely was experiencing emotional stress related to the accidental discharge, gunshot wound, and early removal from deployment. After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced into the discharge packet the results of a biochemical test conducted on 23 January 2004, which was coded CO (Command Directed or Competence for Duty). This is limited use information as defined in AR 600-85. Use of this information mandates an honorable characterization of service. Accordingly, in a records review conducted at Arlington, VA on 25 September 2017, and by a 5-0 vote, the board determined that the characterization of service was improper. Therefore, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. However, the board found the narrative reason for the discharge was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 22 April 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 March 2004 (2) Basis for Separation: The applicant was informed of the following reason: Between 4 January 2004 and 2 February 2004, the applicant wrongfully used marijuana, in violation of Article 112a, UCMJ, which carries a maximum punishment of reduction to the rank of PVT (E-1), forfeiture of all pay and allowance, confinement for two years, and discharge from the service with a bad conduct discharge. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 29 March 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 April 2004 (by Provisional Commander) / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 February 2003 / 3 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 14S1P, Avenger Crewmember / 1 year, 2 months, 17 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (2 September 2003 to 15 October 2003) f. Awards and Decorations: NDSM; GWOTEM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624 (Specimen Custody Document - Drug Testing), dated 29 January 2004, reports that the specimen rendered by the applicant on 23 January 2004, on the basis of CO (Command Directed / Competence for Duty) tested positive for THC. Report of Mental Status Evaluation, dated 7 February 2004, psychiatrically cleared the applicant for any administrative action and/or training deemed appropriate by his command. Report of Result of Trial with its associated documents indicates that the applicant was found guilty of wrongfully using marijuana between 10 December 2003 and 8 February 2004, and a sentence consisting of forfeiture of $796 pay per month for one month and confinement for 30 days was adjudged and approved on 4 March 2004. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 25 July 2016, with self-authored statement; DD Form 214 and discharge orders; picture depicting commander coins; DD Form 2366 (MGIB), dated 10 February 2003; Classified Information Nondisclosure Agreement; memorandum approving separation, dated 1 April 2004; commander's forwarding memorandum, undated; notification memorandum with receipt, dated 29 March 2004; SCM Report of Result of Trial, dated 4 March 2004; Positive Drug Testing Results, dated 2 February 2004, with DD Form 2624; Reports of Medical Examination, History, and Assessment; Report of Mental Status Evaluation, dated 7 February 2004; Hearing Test data; applicant's election of rights; separation physical request, dated 4 February 2004; pre-separation counseling checklist; record of emergency data and SGLI election and certificate; ERB; DA Form 2-1 (Personnel Data); Statement of Medical Examination and Duty Status; Line of Duty Investigation, dated 27 April 2004; copy of commercial license; license to carry concealed handgun; two police department examinations results, dated 5 March 2016; certificate for completing ASAP; certificate of achievement; certificate of completion, dated 27 July 2014; letter of reference, dated 2 November 2010; university transcript, dated 7 July 2016; verification of military experience and training, dated 2 July 2016; college of nursing official transcript; diploma of graduation, dated 6 June 2014; civil service letter, dated 27 June 2014; certificate of appreciation; distinguished graduate (Avenger Crew Member Course) diploma, dated 27 June 2003; automotive service excellence certification, dated 1 December 2015; resume; airborne course diploma; and picture depicting airborne and paratrooper patches. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he received dean's list awards at his community college; obtained his commercial driver's license; received his state carry conceal permit; and successfully passed the civil service test for the city's police department. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test. The record contains a DD Form 2624, which shows the applicant tested positive for marijuana on 23 January 2004, as a result of a command directed urinalysis. This is limited use information as defined in AR 600-85. Use of this information mandates award of a fully honorable characterization of service. The record shows that on 23 January 2004, the applicant was given a command directed urinalysis (CO) and he tested positive for marijuana. The test basis for the urinalysis was CO, as stated on the collection sheet and there is no indication the command believed the urinalysis was improperly coded "CO." There are also no CID reports or counseling statements that shed any light on the reason the urinalysis was authorized. On the basis that the government introduced the results of a command directed urinalysis into the discharge process, which is limited use information as defined in AR 600-85, the use of this information mandates award of an honorable discharge. However, the question whether the urinalysis was properly coded is a question of fact for the Army Discharge Review Board to determine given the contrary conclusions that could be drawn by the command's treating the urinalysis as though it was not limited use evidence. The command was either unaware of the implications of the limited use policy or it failed to note in the record the urinalysis was improperly coded. In consideration of the applicant's service accomplishments and quality of his service prior to the incident of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The applicant contends upon realizing he was no longer viewed as an excellent Soldier, he became depressed with suicidal thoughts and bought marijuana to block his depression. Although the applicant contends that his behavioral health issues contributed to his discharge from the Army, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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: After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced into the discharge packet the results of a biochemical test conducted on 23 January 2004, which was coded CO (Command Directed or Competence for Duty). This is limited use information as defined in AR 600-85. Use of this information mandates an honorable characterization of service. Accordingly, in a records review conducted at Arlington, VA on 25 September 2017, and by a 5-0 vote, the board determined that the characterization of service was improper. Therefore, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. However, the board found the narrative reason for discharge was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160012572 5