Applicant Name:  ?????

Application Receipt Date: 2011/12/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, she believes her record is unjust due to the character of discharge.  Here is the timeline of events that eventually led to her discharge.

On 16 April 2011, she tested positive for marijuana use and she denied all of the allegations.  There are indeed many ways that this drug can enter a persons system, but she was not convinced that she ever tested positive for this substance.

On 4 May 2010, she was counseled for wrongful use of marijuana.  She was then processed through Schofield Barracks Military Station and also referred to the Army Substance Abuse Program.  She also had to go submit another sample blood and urine on 5 May 2010, which both came back negative.  Her PLT SGT and company commander assured her that no UCMJ action would be pursued because of the possiblilty the unit UPL personnel did not conduct the tests with intergrity.  

During the months that she was worried about these allegations and clearing her name, she started having seizures and several other physical conditions.  These conditions would not allow her to deploy with her unit which was scheduled to deploy in the less than 3 months.

She would like the Board to investigate why she was given a Pattern of Misconduct on her first offense.  They didn’t even discuss with her until they received paper work stating because of her seizures, she would not be able to deploy.
During this process her unit changed out commanders.  The new commanding officer had no previous knowledge of her problems.  She was told she was receiving a Chapter 5 Discharge but her paperwork states different.  Please investigate the forms that she has submitted showing that she was not convicted of the offense.  Also inform her how to appeal the decision that she was given.  Someone even forged her signature.

She has enclosed appraisals from basic training to present to display her character and she hopes that the Board can help to recoup her last payroll, wipe out her bonus recoupment, and help get the medical benefits that she was promised.  This discharge has hurt her possible employment with very reputable companies.  Her only hopes are to be given the upgrade that she feels she deserves.  

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 101210   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Company, 325th BSB, 3rd IBCT, Schofield Barracks, Hawaii  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100907, wrongfully used marijuana (100316-100416), reduction to E-2, forfeiture of $811.00 for one month (suspended), extra duty for 30 days and an oral reprimand (FG)





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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: 090203    Current ENL Term: 04 Years  34 weeks
Current ENL Service: 	01 Yrs, 10 Mos, 26 Days ?????
Total Service:  		01 Yrs, 10 Mos, 26 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 94A10 Land Combat Electronic Missle Systems Repairer   GT: 114   EDU: 14 years   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c (2) by reason of misconduct-for drug abuse, with a characterization of service of general, under honorable conditions.
       
       Furthermore, the DD Form 214 shows a Separation Code of JKK (misconduct- drug abuse) with a reentry eligibility (RE) code of "4."   

       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 a careful review of all the applicant’s available military records, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the former Soldier’s discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (drug abuse), with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, 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.  
       
       The applicant provided documents from her discharge packet to show that she was unjustly and unfairly discharged.  However, an inventory of the packet shows the discharge packet is missing key documents and several pages were not validated with signatures.  Therefore, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be her responsibility to meet the burden of proof since the evidence is not available in the official record.  The application to appear before this Board must be received prior to the 15th year anniversary of the applicant’s discharge.
       
       The applicant contends that she tested positive for marijuana use and denies all of the allegations, but she was not convinced that she ever tested positive for this substance.  However, the evidence of record (provided by the applicant) shows that a positive sample was collected on 16 April 2010 and was coded IR (i.e., inspection random) and formed the basis for the Article 15 which the applicant received.  Further, the former Soldier was command referred to ASAP as a result of her positive urinalysis.   
       
             In addition, the applicant hopes that the Board can help to recoup her last payroll, wipe out her bonus recoupment, and help get the medical benefits that she was promised.  This discharge has hurt her possible employment with very reputable companies.  The analyst noted the applicant's issues; however, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill, stopping the recoupment of her bonus and recouping of her last payroll does not fall within the purview of the Army Discharge Review Board.  

               The applicant further contends that the new commanding officer had no previous knowledge of her problems and she was told she would be receiving a Chapter 5 Discharge but her paperwork states different.  However, the analyst determined that Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct.   

                Finally, the applicant expresses she would like her discharge upgraded in order to qualify for better job opportunities; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  

                 Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears that 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: 23 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; DD Form 214; a self-authored-statement, dated 9 November 2011; documents from the applicant's separation packet, 47 pages; an application for health benefits (VA Form 10-10EZ), the Deapertment of Veteran Affairs, 4 pages. 

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: No Change
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 AR20110023866
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