1. Applicant's Name: a. Application Date: 18 October 2017 b. Date Received: 20 October 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, the discharge is improper due to the use of limited-use evidence in review / consideration of the applicant's separation proceedings. These documents constituted as limited-use evidence were initially introduced by the Government as enclosures to the applicant's separation packet for ASAP failure. In a records review conducted at Arlington, VA on 3 May 2019, 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 RO (Rehabilitation Testing) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. The inclusion of the test administered as part of the applicant's rehabilitation program 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: Drug Rehabilitation Failure / AR 635- 200 / Chapter 9 / JPC / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 15 May 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 3 April 2017 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; on 15 December 2016, his commander in consultation with the rehabilitation team determined that he was an Army Substance Abuse Program (ASAP) failure. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 April 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 April 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 July 2012 / 6 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 141 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 4 years, 9 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis tests coded RO (Rehabilitation Testing), dated 10 November 2016, for THC. Positive urinalysis test coded IR (Inspection Random), dated 28 November 2016, for THC. Positive urinalysis tests coded RO (Rehabilitation Testing), dated 22 December 2016, for THC. Memorandum for Record, dated 22 December 2016, relates that the applicant on 6 September 2016, self-referred to ASAP for cannabis and spice abuse. Positive urinalysis tests coded RO (Rehabilitation Testing), dated 12 January 2017, for COC and THC. FG Article 15 dated, 15 February 2017, for wrongful use of marijuana between (21 November 2016 and 21 December 2016); reduction to PVT / E-1, forfeiture of $799 pay for two months, extra duty for 45 days and restriction for 30 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Chapter 9 separation packet (54 pages); and presence of limited use evidence in separation packet memorandum. 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 9 outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general, under honorable conditions discharge is authorized depending on the applicant's overall record of service. However, an honorable discharge is required if limited use information is used in the discharge process. 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, the issues and documents submitted with his application were carefully reviewed. The record shows the government introduced into the discharge packet the results of biochemical test which were coded RO (Rehabilitation Testing), dated 10 November 2016, 22 December 2016 and 12 January 2017; and an ASAP rehabilitation failure memorandum that discussed the applicant's 6 Sept 2016 self-referral into ASAP, which were a 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 3 May 2019, 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 RO (Rehabilitation Testing) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. The inclusion of the test administered as part of the applicant's rehabilitation program 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. 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 AR20170017523 1