Application Receipt Date: 060518 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 030528 Discharge Received: Date: 030725 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Japan District Veterinary Command, Okinawa Branch, Unit 35142, APO AP Time Lost: None Article 15s (Charges/Dates/Punishment): 030522/Wrongful use of marijuana and hallucinogenic mushrooms from about 021201 to about 021231/Field Grade Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 780115 Current ENL Date: 990922 Current ENL Term: 04 Years ????? Current ENL Service: 03 Yrs, 10Mos, 04Days ????? Total Service: 03 Yrs, 10Mos, 04Days ????? Previous Discharges: None Highest Grade: E5 Performance Ratings Available: Yes No MOS: 91R10 (Veterinary Field Inspection Food Specialist) GT: 123 EDU: 2 yrs Coll Overseas: Guam, Ryukyu Islands Combat: None Decorations/Awards: AAM (5th Award), NDSM, NCOPDR, ASR, AGCM, OSR (2d Award), Certificate of Achievement (3) V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 28 May 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (wrongful use of marijuana and hallucinogenic mushrooms), with a general, under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit statements in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 19 June 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant has a CID Report of Investigation dated 4 February 2003, in her Official Military Personnel File. b. Legal Basis for Separation: 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, commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence 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, but a general discharge under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the independent evidence she submitted, the analyst recommends to the Board that the discharge be upgraded to fully honorable. This recommendation was made after full consideration of her faithful and honorable service, as well as her record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service, mitigated the discrediting entries in the service record. However, the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 March 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the analyst’s recommendation and rationale, the Board determined that the discharge is inequitable. The Board found that the overall length and quality of the applicant's service and the circumstances surrounding the discharge, mitigated the discrediting entries in her service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority. This action does not entail a change to the reentry eligibility (RE) code. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under Chapter 5, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 30 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060007025 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages