1. Applicant's Name: a. Application Date: 18 October 2017 b. Date Received: 23 October 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, has matured in so many ways. The applicant would like the opportunity to apply for employment without being ashamed of the code on the DD Form 214. The applicant has been out for more than 13 years and learned from these mistakes. In a records review conducted at Arlington, VA on 15 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: Misconduct / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 29 January 2004 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 9 December 2003 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he tested positive for marijuana on a urinalysis conducted (19 August 2003); another urinalysis was conducted on and again you tested positive for marijuana (29 September 2003); he was also absent without authority from his unit from (22 October 2003 until 28 October 2003); he disrespected and disobeyed SGT G.P., a noncommissioned officer (7 July 2003); he also disrespected and disobeyed SGT J.A., a noncommissioned officer (21 October 2003) and he disrespected and disobeyed 1LT R.S., a commissioned officer (23 October 2003). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 23 December 2003 (5) Administrative Separation Board: The applicant waived personal appearance before an administrative separation board if he was so entitled. (6) Separation Decision Date / Characterization: NIF, Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 October 2002 / 4 years / block 12a on the applicant's DD Form 214, dated entered active duty this period is incorrect and should read as annotated in the Case Report and Directive. See enlistment contract. b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 73C10, Finance Specialist / 1 year, 2 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test code IU (Inspection Unit), dated 19 August 2003, for THC. CID Report of Investigation, dated 16 September 2003, relates that the applicant was under investigation for wrongful use of marijuana. Positive urinalysis test code RO (Rehabilitation Testing), dated 29 September 2003, for THC. Report of Mental Status Evaluation, dated 2 October 2003, relates that the applicant was seen and evaluated as required for Chapter 14 separation. He was psychiatrically cleared for any administrative action deemed appropriate by command. i. Lost Time / Mode of Return: AWOL x2 for 8 days, 18 October 2003 to 19 October 2003 for 2 day and 22 October 2003 to 27 October 2003 for 6 days j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two 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 under other than honorable conditions to general (under honorable conditions). 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 29 September 2003, 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 15 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 AR20170017920 1