1. Applicant's Name: a. Application Date: 1 March 2009 b. Date Received: 15 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he used marijuana to cope with family problems while serving in Iraq. He believes his discharge came under the limited use policy that states he must be discharged honorably or rehabilitated. In a record review hearing conducted at Arlington, VA on 28 February 2018, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded CO (Competence for Duty / Command Direct / Fitness for Duty), 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 (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 8 October 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 2 October 2008 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he admitted to transporting marijuana into Iraq and smoking it while deployed; he tested positive for marijuana (2 June 2008); he received a CG Article 15 for failing to report on nine occasions, disobeying warrant officer , failing to obey a regulation and making a false official statement; and he received a Summarized Article 15 for failing to report on three occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 October 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 October 2008 / General (Under Honorable Conditions) On 1 August 2008, the separation authority approved the applicant's separation with an honorable discharge. On 12 September 2008, the separation authority rescinded the approved separation with an honorable characterization of service. The recession was based on additional misconduct committed by the applicant while awaiting final out-processing. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 February 2008 / 5 years b. Age at Enlistment / Education / GT Score: 20 years / HS graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 3 years, 7 months, 16 days d. Prior Service / Characterizations: USAR, 23 February 2005 to 13 June 2006 / NA RA, 14 June 2006 to 21 February 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq, 7 September 2007 to 5 August 2008 f. Awards and Decorations: AGCM, NDSM, ICM-CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The record contains a positive urinalysis test coded CO (Competence for Duty / Command Direct / Fitness for Duty), dated 2 June 2008, for THC. An e-mail dated 28 July 2008 from his battalion commander to several addressee indicates that the applicant self-referred and admitted to drug use. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages). 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. 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues submitted with his application were carefully reviewed. The record confirms the government introduced into the discharge packet e-mail traffic dated 28 July 2008, which shows that the applicant was a self-referral to the Army Substance Abuse Program (ASAP) for treatment. This 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. 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 record review hearing conducted at Arlington, VA on 28 February 2018, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded CO (Competence for Duty / Command Direct / Fitness for Duty), 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. 11. 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 AR20160019406 1