1. Applicant's Name: a. Application Date: 8 December 2016 b. Date Received: 19 January 2017 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 would like his discharged upgraded to honorable because he would like to rejoin the Army or National Guard. He does not use drugs anymore and this whole experience changed his life for the better. In a records review conducted at Arlington, VA on 9 May 2018, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet limited use information as defined in AR 600-85 and it 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: 4 September 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 23 May 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully used marijuana between (1 January 2013 and 1 February 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 May 2013, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 July 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 January 2012 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-2 / 91B10, Wheeled Vehicle Mechanic / 1 year, 7 months, 18 weeks d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Three positive urinalysis tests coded IR (Inspection Random), dated 1 February 2013, 11 April 2013 and 30 May 2013, all for THC. CID Report of Investigation, dated 26 March 2013, revealed that the applicant was under investigation for wrongful use of marijuana. FG Article 15, dated 12 April 2013, for wrongful use of marijuana between (1 January 2013 and 1 February 2013); reduction to PVT / E-1, forfeiture of $758 pay for two months, extra duty and restriction for 45 days; and an oral reprimand. Military Police Report, dated 19 April 2013, relates that the applicant was pending investigation for police information on post, assault, resisting apprehension, drunk and disorderly conduct, on post. Positive urinalysis test coded RO (Rehabilitation Testing), dated 25 April 2013, for THC. Report of Mental Status Evaluation, dated 17 April 2013, relates that the applicant met medical retention standards per AR 40-501. He was cleared for administrative separation. The applicant received numerous negative counseling statements for various acts of misconduct; and an initial counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application (five 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 the results of a biochemical test conducted on 25 April 2013, which was coded RO (Rehabilitation Testing) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. 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 records review conducted at Arlington, VA on 9 May 2018, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet limited use information as defined in AR 600- 85 and it 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. Change SPD / RE Code 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 AR20170000712 1