1. Applicant's Name: a. Application Date: 11 August 2016 b. Date Received: 18 August 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. The applicant seeks relief contending, in effect, he was discharged without the opportunity to go through procedures to change and correct what went wrong. He was a hardworking and dedicated Soldier. He deployed to Iraq and earned the Army Good Conduct Medal and he acknowledges he made a mistake. He was proud of being in the Army and desires to reenlist, but his general discharge is preventing him. In a records review conducted at Arlington, VA on 8 November 2017, and by a 4-1 vote, the Board determined the discharge was improper. The record shows the government introduced into the discharge packet the results of a limited use biochemical test. The inclusion of the test is limited use information as defined in AR 600-85 and is protected evidence. Use of this information mandates award of an honorable characterization of service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 31 October 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 October 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On 12 August 208, he was charged with simple assault for attempting to choke a female civilian and striking her in the face. On 25 August 2008, he tested positive for marijuana as a result of a unit urinalysis. He admitted that he had used marijuana while on leave for a family emergency. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 October 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 October 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 October 2007 / 5 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25U10, Signal Support System Specialist / 3 years, 3 months, 24 days d. Prior Service / Characterizations: RA, 7 July 2005 - 11 October 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (10 October 2006 - 13 December 2007) f. Awards and Decorations: ARCOM, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 12 August 2008, reflects the applicant was apprehended for Controlled Substance Violations, Use of marijuana - Determined by urinalysis test (On Post). Electronic Copy of DD Form 2624, dated 25 August 2008, reflects the applicant tested positive for THC 120 (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 14 August 2008. Military Police Report, dated 26 August 2008, reflects the applicant was apprehended for Simple Assault (On Post). FG Article 15, dated 23 September 2008, for wrongfully using marijuana (between 1 and 14 August 2008); and, for unlawfully grabbing Ms. B around the neck with his hands and strike her on the mouth with his hand. The punishment consisted of a reduction to E-1; forfeiture of $673 pay per month for two months; and, extra duty and restriction for 45 days. Electronic Copy of DD Form 2624, dated 30 September 2008, reflects the applicant tested positive for THC 355 (marijuana), during an Rehabilitation Testing (RO) urinalysis testing, conducted on 22 September 2008. Report of Mental Status Evaluation, dated 3 October 2008, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. A summary of previous positive urinalysis results, reflects the applicant tested positive for THC (marijuana) on 22 March 2006 and 14 August 2008, collected during an Inspection Random (IR) urinalysis testing. Additionally, the applicant tested positive for THC on 22 September 2008, collected during a Rehabilitation Testing (RO) urinalysis testing. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 applicant's separation packet contains two electronic DD Forms 2624 (Specimen Custody Document for Drug Testing) which show that one of the urinalysis tests were coded RO, which indicates "Rehabilitation Testing." Additionally, there is a summary of previous positive urinalysis test results, which one of the tests was coded RO. The government introduced these documents 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. 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: In a records review conducted at Arlington, VA on 8 November 2017, and by a 4-1 vote, the Board determined the discharge was improper. The record shows the government introduced into the discharge packet the results of a limited use biochemical test. The inclusion of the test is limited use information as defined in AR 600-85 and is protected evidence. Use of this information mandates award of an honorable characterization of service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 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. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160014993 4