1. Applicant's Name: a. Application Date: 1 June 2018 b. Date Received: 4 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to reenlist into the military. The applicant contends that at the time of discharge he was young and didn't realize the mistake he was making when he used drugs. After the fires time he used marijuana it was hard for him to stop. He believes he has struggled with drug addiction, but as of now he is sober and wish to stay sober. He refused help in the military for drug treatment. He was under the influence which influenced him to make bad choices. The first time he smoked he was drinking with Soldiers in the military and someone wanted to smoke weed and him being from Leesville, Louisiana outside of Fort Polk he knew people who smoke so he knew where to get it. The choices he made that got him discharged were make under the influences of substances. He has gotten help for drug addiction since his discharge and he believe he belongs in the military. The applicant contends that he misses the Army and hates that it has taken him so long to realize that it wasn't just a job it was the career he was born for; his step father was a First Sergeant and since he was a little kid he told him he wanted to be in the Army so he started preparing him for the Army. The applicant wants to be the best he can be to protect his country from foreign enemies and protect the Constitution. He believes that if you talked to his previous NCO's they would tell you he was a good Soldier that just made the wrong choices and believe it he has made plenty of mistake since he was discharged. In a records review conducted at Arlington, VA on 23 September 2020, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the separation authorities used limited use 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. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 19 August 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 August 2016 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully using marijuana between 14 May 2016 and 14 June 2016. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 August 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 August 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 November 2014 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 24 days d. Prior Service / Characterizations: USAR, 24 July 2014 to 2 November 2014 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 30 June 2016, reflects the applicant tested positive for THC 1255 during an Rehabilitation (RO) urinalysis testing conducted on 7 June 2016. FG Article 15, dated 21 July 2016, for wrongfully using marijuana between 14 May 2016 and 14 June 2016. The punishment consisted of reduction to E-1, forfeiture of $783.00 pay per month for two months, and extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 14 July 2016, indicates the applicant could understand and participate in administrative proceedings, appreciated the difference between right and wrong and met medical retention requirements. The applicant was enrolled in ASAP at the time and had denied current use of illegal substances. The applicant was mentally responsible and had the mental capacity to understand and participated in administrative proceedings. The applicant was screened for PTSD and mTBI. Neither were evident. It was noted that the applicant should have continue attending ASAP appointments until administratively separated from the Army. The applicant was appropriated for any administrative action deemed appropriated by his command. Negative counseling statement for testing positive for marijuana on 7 June 2016. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form's 293 and DD Form 214 for the period of service under review. 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. 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 available/record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was discharged under the provisions of AR 635- 200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of general (under honorable conditions). However, the record shows the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan (which was not found in the record). 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 applicant expressed his desire for an upgrade of his discharge for the purpose of being able to reenlist. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. It appears 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 23 September 2020, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the separation authorities used limited use 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. 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 AR20180009513 1