1. Applicant's Name: a. Application Date: 7 May 2018 b. Date Received: 11 May 2018 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 is a full time student struggling to make ends meet with his family and financial responsibilities. He received a general discharge because he did not complete his first term of service, which was incorrect. He deserves all of his earned VA benefits. His justification for an upgrade is because there were inconsistencies in the paperwork. "The ??? stated that he was in Korea when he failed the drug test when in fact he was at Fort Riley, KS". He was given false information and was not represented properly. In a records review conducted at Arlington, VA on 10 February 2021, and by a 5-0 vote, the Board determined that the discharge was improper. The records show the proper discharge and separation procedures were not followed in this case due to the use of limited use evidence in separation proceedings. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. Given the violation of the limited use policy and that the positive UA test (marijuana) played a prominent role in the Article 15, there could be a basis for requesting removal of the April 2017 Article 15. However, this authority resides with the Army Board for Correction of Military Records. The ADRB cannot predict a positive outcome in such a case but rather just ensure you understand the options available to you, especially based on the outcome of this ADRB case. For assistance with submitting an application to the Army Board for Correction of Military Records, you should review the Army Review Boards Agency, specifically the ABCMR applicant's guide which can be accessed at https://arba.army.pentagon.mil/abcmr- overview.html. (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: 13 June 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 3 May 2017 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully used marijuana, a schedule I controlled substance between (12 December 2016 and 11 January 2017). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 May 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 May 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 April 2016 / 3 years b. Age at Enlistment / Education / GT Score: 25 years / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 3 years, 3 months, 3 days d. Prior Service / Characterizations: RA, 11 March 2014 to 5 April 2016 / HD e. Overseas Service / Combat Service: Korea / SWA / Kuwait, 25 October 2015 to 29 June 2016 f. Awards and Decorations: AAM, NDSM, GWOTEM, GWOTSM, KDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IO (Inspection Other), dated 31 August 2016, for THC. Report of Mental Status Evaluation, dated 14 October 2016, relates the applicant had Axis I, II and III, that medical diagnoses were documented in AHLTA in accordance with AR 40-66. The applicant did not have PTSD or TBI. He was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative proceedings. He did not have a BH condition that warranted disposition through medical channels in accordance with AR 40-501. He was psychiatrically cleared for any administrative action deemed appropriate by command. Positive urinalysis test coded RO (Rehabilitation Testing), dated 11 January 2017, for THC. FG Article 15 dated, 13 April 2017, for wrongfully using marijuana, schedule I controlled substance between (12 December 2016 and 11 January 2017); reduction to PVT / E-1, forfeiture of $799 pay for two months (suspended), extra duty and restriction for 45 days and an oral reprimand. The applicant received a negative counseling statement for being notified of pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and four support statements. The applicant did not submit any reenlistment documents as annotated on his application. 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. 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 confirms the government introduced into the discharge packet the results of a biochemical test conducted on 11 January 2017, 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 10 February 2021, and by a 5-0 vote, the Board determined that the discharge was improper. The records show the proper discharge and separation procedures were not followed in this case due to the use of limited use evidence in separation proceedings. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. Given the violation of the limited use policy and that the positive UA test (marijuana) played a prominent role in the Article 15, there could be a basis for requesting removal of the April 2017 Article 15. However, this authority resides with the Army Board for Correction of Military Records. The ADRB cannot predict a positive outcome in such a case but rather just ensure you understand the options available to you, especially based on the outcome of this ADRB case. For assistance with submitting an application to the Army Board for Correction of Military Records, you should review the Army Review Boards Agency, specifically the ABCMR applicant's guide which can be accessed at https://arba.army.pentagon.mil/abcmr- overview.html. 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 AR20180007863 4