1. Applicant's Name: a. Application Date: 3 August 2018 b. Date Received: 7 August 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of an under other than honorable conditions discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, accepts responsibility for the misconduct in 2003, which led to the other than honorable discharge from the Army. However, the applicant requests the Board not only view the actions through the narrow aperture of misconduct, but evaluate how the applicant has found a purpose in life and has strived each day to fulfill dreams and become an asset to the scientific community. The applicant has demonstrated that the applicant is not the same foolish individual that failed urinalysis tests and was breaking restriction, but rather that the applicant has grown from the mistakes of youth and is now attempting to regain integrity and honor. The applicant further details the contentions in an allied legal brief. In a records review conducted at Arlington, VA on 21 February 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and post-service accomplishments. Additionally, the record shows the government introduced into the discharge packet the results of a biochemical test which was coded CO (Command Directed) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. 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. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200 / Chapter 14-12c (2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 27 October 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 August 2003 (2) Basis for Separation: The applicant was informed of the following reasons: On 21 January 2003, he tested positive for wrongful use of D-methamphetamine, a controlled substance; On 10 February 2003, he tested positive for wrongful use of D-methamphetamine, a controlled substance; On 12 April 2003, he missed movement required in the course of duty; On 11 June 2003, he wrongfully made a false official statement; On 30 June 2003, he tested positive for wrongful use of Dmethamphetamine, a controlled substance; and, On multiple occasions he broke restriction. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 23 August 2003 (5) Administrative Separation Board: On 9 September 2003, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 22 September 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 July 2000 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 3 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: AAM, NATOMDL, NDSM, AFEM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 2624, dated 3 February 2003, reflects the applicant tested positive for DMETH (D-Methamphetamine) during an Inspection Unit (IU) urinalysis testing, conducted on 21 January 2003. DD Form 2624, dated 21 February 2003, reflects the applicant tested positive for DMETH (D- Methamphetamine) during an Inspection Unit (IU) urinalysis testing, conducted on 10 February 2003. Report of Mental Status Evaluation, dated 2 April 2003, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. FG Article 15, dated 28 April 2003, for wrongfully using D-Methamphetamine (between 14 and 21 January 2003). The punishment consisted of a reduction to E-1; forfeiture of $575 pay per month for two months; and, extra duty and restriction for 45 days. Request Urinalysis Test (memo), dated 30 June 2003, the applicant's commander directed the applicant to the Army Substance Abuse Program to provide a specimen. The memorandum reflects: "The following soldier is directed to your facility to provide a specimen. Soldier is suspected of engaging in illegal drug(s). Request that the following soldier be tested: a. Marijuana (THC), Cocaine, and Amphetamine/Met amphetamine (Ecstasy-MDA, MDEA, MOMA)." DD Form 2624, dated 9 July 2003, reflects the applicant tested positive for DMETH (D- Methamphetamine) during an Inspection Unit (IU) urinalysis testing, conducted on 10 February 2003. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with allied legal brief; DD Form 214; Enlisted Record Brief; case separation packet; college transcripts; Bachelor's Degree diploma; Master's Degree diploma; résumé; published research. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has stayed out of trouble with the law and earned his Master's Degree. The applicant earned various awards while pursuing his degrees and has been published in Scientific Reports for his work as a researcher. The applicant has also obtained employment as an adjunct instructor. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse). 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's separation packet contains a DD Form 2624 (Specimen Custody Document for Drug Testing) and allied Request Urinalysis Test (memo), which reflects the urinalysis test was Command Directed (CO). The government introduced these documents into the discharge process revealing the 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 provided not full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 21 February 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and post-service accomplishments. Additionally, the record shows the government introduced into the discharge packet the results of a biochemical test which was coded CO (Command Directed) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. 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. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 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 / RE-3 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 AR20190015522 1