1. Applicant's Name: a. Application Date: 20 May 2018 b. Date Received: 24 May 2018 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 goal is to obtain all the necessary classes towards a certificate and an Associate's Degree in the field of electrical distribution and maintenance. In a records review conducted at Arlington, VA on 24 January 2020, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet documents containing a self-referral into the Army Substance Abuse Program (ASAP). The inclusion of these documents 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 5 July 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 June 2011 (2) Basis for Separation: The applicant was informed of the following reasons: Misconduct- assaulting a Soldier, being disrespectful in language and deportment, disobeying a lawful order, failing to report, and drinking while enrolled in ASAP. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 June 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 June 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 August 2008 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 2 years, 10 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (25 August 2009 - 7 August 2010) f. Awards and Decorations: ARCOM, AAM-2, NDSM, GWOTSM, ICM-CS, ASR, OSR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment form, dated 15 July 2009, reflects the applicant self-referred in the ASAP. The form notes the applicant self-admitted relapse involving usage. Commander's Report, dated 21 June 2011, reflects the applicant received a FG Article 15, dated 17 February 2011, for violations of Article 90 and Article 134, UCMJ. The punishment consisted of a reduction to E-2 (E-1, suspended); forfeiture of $822 pay; extra duty and for 45 days. Army Substance Abuse Program (ASAP) Enrollment form, undated, reflects the applicant self- referred in the ASAP. The form reflects the applicant went AWOL and was found intoxicated and was in an altercation with leadership. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant's separation packet contains two DA Forms 8003 (Army Substance Abuse Program (ASAP) Enrollment) forms. The government introduced these documents 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 the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 24 January 2020, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet documents containing a self-referral into the Army Substance Abuse Program (ASAP). The inclusion of these documents 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 AR20180010230 1