1. Applicant's Name: a. Application Date: 27 November 2017 b. Date Received: 28 November 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, the command considered limited use evidence as defined by AR 600-85, paragraph 10-12(a)(4), specifically a self-referral to the Army Substance Abuse Program (ASAP), when adjudicating separation action. As such, the characterization of service should be honorable as required by AR 600-85 paragraph 10-12(a) and AR 635-200, paragraph 9-4. The memorandum, containing limited use information, was initially introduced into the separation process by the company commander, with the recommendation to separate the applicant. In a records review conducted at Arlington, VA on 13 September 2019, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the applicant's self- referral into the Army Substance Abuse Program (ASP). 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: The applicant's separation packet is void from the applicant's service record. The applicant provided a copy of the separation packet with his application and the information in part 3c(1) through 3c(6), is derived from those documents. a. Reason / Authority / Codes / Characterization: Drug Rehabilitation Failure / AR 635- 200 / Chapter 9 / JPC / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 27 March 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 March 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On 4 January 2017, he tested positive for marijuana while enrolled in the Army Substance Abuse Program, elevating his diagnosis to severe. Subsequently, he refused to participate in inpatient care, the recommended treatment plan. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 March 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 March 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 November 2014 / 3 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 27D10, Paralegal Specialist / 4 years, 9 months, 29 days d. Prior Service / Characterizations: RA, 29 May 2012 - 24 November 2014 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM-2, AAM-2, AGCM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 3 January 2017, reflects the applicant tested positive for THC 313, >LOL (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 24 January 2017. Summary of Rehabilitation Efforts (memo), dated 23 January 2017, reflects the applicant self- referred to the Army Substance Abuse Program (ASAP), Fort Jackson, SC on 23 September 2016; enrolled on 14 October 2016; and met the criterion for the diagnosis of F12.10 Cannabis Use Disorder Mild and F10.10 Alcohol Use Disorder Mild. Subsequently, the applicant participated in SUDCC outpatient services which consisted of individual and group counseling along with additional services. The applicant later relapsed and as a result, his diagnosis changed from F12.10 Cannabis Use Disorder Mild to F12.20 Cannabis Use Disorder Severe. Based on the elevation of his diagnosis, he was offered a higher level of care which he refused. Commander's Report, dated 16 March 2017, reflects the applicant received a FG Article 15, dated 24 February 2017, for violating Article 112a. The punishment consisted of a reduction to E-2; forfeiture of $896 pay per month for two months (suspended); and, extra duty 30 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 28 February 2017, the examining medical physician noted in the comments section: "MH and substance abuse treatment began SEP 2016 and continues to present. Anxiety d/o with ETOH and cannabis abuse hx. Well documented in AHLTA." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; separation packet. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 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 evidence of record indicates that on 23 January 2017, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. The applicant relapsed and as a result, his diagnosis changed from F12.10 Cannabis Use Disorder Mild to F12.20 Cannabis Use Disorder Severe. Based on the elevation of his diagnosis, he was offered a higher level of care, which he refused. The applicant's separation packet contains a memorandum from the Army Substance Abuse Program (ASAP) describing the applicant's rehabilitation efforts, wherein it stated the applicant had self-referred in the program on 23 September 2016. The government introduced this document 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 that the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 September 2019, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the applicant's self-referral into the Army Substance Abuse Program (ASP). 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 AR20170019372 1