Applicant Name:  ?????

Application Receipt Date: 2011/06/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, to please consider her attached personal statements that justifies her request for an upgrade.  She adds that, regrettably, she was very young at the time and did not make very wise decisions in her life.  She pleads to consider her request strongly so that she can effectively attain the G.I. Bill entitlements that she bought into while she was on active duty.  She expresses her appreciation for the careful consideration of her request.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 030429
Discharge Received: 			   Date: 030602   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 1st Bn, 29th Infantry Regiment, Fort Benning, GA 

Time Lost: 030315-030320 - 5 days civilian confinement

Article 15s (Charges/Dates/Punishment): 
	030422, broke restriction on 030315 and wrongfully & unlawfully consumed alcohol while underage on 030315, forfeiture of $250 and 14-day extra duty and restriction - CG
	030320, vacation of suspension for reckless driving by failing to maintain lane while drunk as shown by chemical analysis, punishment of forfeiture of $325 x 2 months vacated and ordered executed - FG
	030204, wrongfully used Marijuana between 021206 and 030106, reduced to E-1; forfeiture of $575 x 2 months ($325 x 2 months suspended until 030804); 45-day extra duty and restriction - FG

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 020619    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 11 Mos, 14 Days ?????
Total Service:  		00 Yrs, 11 Mos, 14 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 88M (Motor Transport Operator )   GT: 100   EDU: HS-4 yrs    Overseas: None   Combat: None
Decorations/Awards: NDSM; ASR

V.  Post-Discharge Activity
City, State:  Columbia, SC
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 29 April 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct—for wrongful use of a controlled substance (Marijuana) and a civil conviction, with a general, under honorable conditions discharge.  She was advised of his rights.  
       
       On 7 May 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander's review of the proposed action and recommendation for approving the separation with a general, under honorable conditions discharge is not available in the applicant's official file.  
       
       On 16 May 2003, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation 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 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; however, a general, under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant, by violating the Army's policy not to possess or use illegal drugs and not to abuse alcohol, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug  and alcohol abuse policies.  By abusing illegal drugs and alcohol, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge.  
       
       Regarding the applicant's age and immaturity during the period of her service, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  The evidence shows that she had consulted the Department of Veterans Affairs (VA) for assistance and VA provided her a response accordingly.
       
       Finally, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 December 2011         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Mr. A. Juitt, VA Veterans Advocate, VISN7, 6439 Garners Ferry Road, Columbia, SC 29209 

Witnesses/Observers: NA 

Exhibits Submitted: DD 293, dated 13 Dec 2010; ARBA CSA letter, dated 2 Jun 2011; VA fax, dated 31 May 2011; VA letter, dated 3 Aug 2010; applicant's statements x 2, both dated 13 Dec 2010; and DD 214, dated 2 Jun 2003.

VIII.  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 was both proper and equitable and voted to deny relief. 
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????




Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110011656
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