1. Applicant's Name: a. Application Date: 7 September 2017 b. Date Received: 26 December 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, is pursuing attending college with dual degrees in Graphic Communication and Fine Arts. The applicant desires to continue an education by completing a bachelor's and master's degree and would like to utilize the education benefits offered by the Veteran's Administration, specifically the GI Bill, which the applicant contributed to during enlistment. The applicant has become a productive member of the community is involved with trying to exemplify the core values learned during service. The applicant has kept oneself disciplined and away from any trouble since discharge and tried to represent oneself honorably at all times. In a records review conducted at Arlington, VA on 28 February 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length of service and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200 / Chapter 14-12c (2) / JKK / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 February 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 January 2003 (2) Basis for Separation: The applicant was informed of the following reasons: He was Summary Court-Martialed for three counts of Marijuana and found guilty on all three charges. He also received a Field Grade Article 15, previous to the Summary Court-Martial, for Marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 January 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 January 2003 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 September 1999 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91W10, Health Care Specialist / 3 years, 4 months, 27 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: DD Form 2624, dated 4 February 2002, reflects the applicant tested positive for THC (marijuana), during an Command Directed (CO) urinalysis testing, conducted on 22 January 2002. FG Article 15, dated 19 February 2002, for wrongfully using marijuana (between 16 October and 15 November 2001). The punishment consisted of a reduction to E-2; forfeiture of $619 pay per month for two months (suspended); restriction for 45 days (suspended); and, extra duty for 30 days. DD Form 2624, dated 23 March 2002, reflects the applicant tested positive for THC (marijuana), during an Inspection Random (IR) urinalysis testing, conducted on 19 March 2002. DD Form 2624, dated 23 May 2002, reflects the applicant tested positive for AMP / THC (amphetamines / marijuana), during a Command Directed (CO) urinalysis testing, conducted on 15 May 2002. Report of result of Trial, reflects the applicant was tried in a Summary Court-Martial on 28 October 2002. The applicant was charged with: Four Specifications, Violation of Article 112a, UCMJ: Wrongful use of Marijuana. Guilty, consistent with the plea; and, Wrongful use of amphetamines. Not Guilty, consistent with the plea. Sentence: Reduction E-1; and, confinement 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 letters of support; Excess Credit Fee Appeal Form. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is pursuing his Bachelor's Degree and has obtained employment. 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. 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. 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. 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 applicant's separation packet contains three DD Forms 2624 (Specimen Custody Document for Drug Testing) which show that two of the urinalysis tests were coded CO, which indicates "Command Directed Testing." The government introduced these documents into the discharge process revealing the applicant's commander directed an individual test for fitness for duty. The commander had a reasonable suspicion that a Soldier was using a controlled substance, but did not have probable cause. 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 the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 February 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length of service and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180000062 1