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ARMY | DRB | CY1999 | 1999024911

Original file (1999024911.rtf) Auto-classification: Denied

PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: GD

2. Date of discharge (or REFRAD): 961104

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

         b. Reason: Misconduct

4. Prior review(s): NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.       Service data: 2. Awards and decorations:
                           AAM
a. Period entered for: 6 Years NDSM
b. Entry date: 920511 ASR
c. Age: 20 Years DOB: 711006
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 116 3. Highest grade achieved:
f. Length of Service: E4
4 Years 5 Months 24 Days

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other

6. Nonjudicial punishment:

         Date     Offense(s)
         960422 Uttering bad checks with the intent to defraud, three specifications: (960125); (between 960107&960122); (960107)
__________________________________________________________________________
         960823   Vacation of Suspension (DA Form 2627-2) : Suspended reduction to E-3 imposed by nonjudicial punishment, dated 22 April 96, was vacated based on the applicant’s wrongful use of marijuana between 1 July and 1 August 1996.

7. Court-Martial data: NONE

         a. SCM:
                  Date Offense(s)


         b. SPCM:
                  Date Offense(s)

         c. GCM:
                  Date Offense(s)

8.       Remarks: Bar to Reenlistment (960404)

SECTION B - Prior Service Data
NONE

Other discharge(s):

         Service From      To        Type Discharge

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. Evidence of record shows that on 5 September 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—serious misconduct-use of illegal drugs, with a recommendation for a general, under honorable conditions discharge (GD). The applicant was advised of her rights, consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in her own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a GD. On
23 September 1996, the separation authority directed that the applicant be discharged with a GD.

         b. On 4 November 1996, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 4 years, 5 months, and 24 days of active military service.

         c. The applicant’s record shows that she completed almost 4 and ½ years active service of her 6 year enlistment; that she attained the rank of specialist/E-4; and that she earned an Army Achievement Medal. There are no documented acts of valor or significant achievement contained in the record. The applicant’s disciplinary record includes her acceptance of an Article 15 on
22 April 1996 for writing bad checks on three separate occasions which resulted in a suspended reduction to private first class/E-3. On 23 August 1996 the suspended reduction was vacated based on the applicant’s wrongful use of marijuana. The record also reflects that the applicant had been barred from reenlistment on 16 April 1996 based on her financial mismanagement, as evidenced by incidents of writing bade checks; letters of indebtedness, and delinquent accounts. The unit commander cited the applicant’s wrongful use of an illegal drug as the basis for processing the applicant for separation and provided the rest of the applicant’s disciplinary history in support of the action.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l4 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.

SECTION B-APPLICANT’S SUBMISSIONS

1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.

2. Exhibit(s) submitted:
         A-1: DD Form 293, dated 990302.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor ( ) Legal Advisor

a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 28 April 1999 .

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

         e. Applicant testified: ( ) Yes ( X ) No

         f. Counsel presentation: ( ) Yes ( X ) No

         g. Witness(es) testified: ( ) Yes ( X ) No

2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

         ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:

         b. Request: ( X ) Recharacterization ( ) Change of Reason

2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

         a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.



         b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

(1) The issue is rejected. The Board noted the applicant’s contention that, in effect, she was influenced by bad civilians and now knows the drugs are bad; in addition, she has learned from her mistakes and is now a model citizen, mother, and wife. However, after carefully examining the applicant’s record of service for the period of enlistment under review, the Board concluded that these factors do not mitigate the applicant’s misconduct sufficiently to warrant an upgrade to her discharge. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in her as a soldier. As a soldier, she had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, she knowingly risked a military career and diminished the quality of her service below that meriting a fully honorable discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3. Response(s) to item(s) not addressed as decisional issue(s): NONE

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

         ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .

         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                    under                          .

2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508

3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified


MR. ADRIANCE
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:

SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AR Number: 1999024911 INDEX NUMBERS: A9217
Date of Review: 990428 A9221
Character of Service: GD A9235
Date of Discharge: 961104 A0100
Authority: AR 635-200 C14
Reason: A6730
Results of Board Action/
Vote/Affirmation: NC 5-0 A

PART IX - VOTING RECORD

Name Reason Characterization
CHANGE NC HON UHC NC UNCHAR
1.      Mbr     X         X

2.      Mbr     X         X

3.      Mbr     X     X

4.      Mbr     X         X

5.      Mbr     X         X

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ARMY | DRB | CY1999 | 1999024911

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