PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: General, Under Honorable Conditions
2. Date of discharge (or REFRAD): 030104
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:
AFEM
a. Period entered for: 3 Years ASR
b. Entry date: 010104 OSR
c. Age: 19 Years DOB: 811208
d. Educational level: HS Grad
e. Aptitude area score:
GT: 122 3. Highest grade
achieved:
f. Length of Service: E4
2 Years 0 Months 1 Day
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)
020909 Wrongfully used amphetamine and methamphetamine, a
controlled substance (between 020423 and 020523)(Field Grade)
020126 At Eskan Village, Kingdom of Saudi Arabia, violated a
lawful general order by wrongfully possessing and consuming an
alcoholic beverage (between 011107 and 020107); Disrespectful
in deportment toward a SGT by raising your voice at him
(011218)(Field Grade)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: NONE
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
ARNGUS 991005 991016 NA
ADT 991017 000425 Honorable
ARNGUS 000425 010103 NA
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 19 November 2002, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of
misconduct—commission of a serious offense, with a general, under honorable
conditions discharge. The reason for the proposed action was she
wrongfully used amphetamine and methamphetamine, for which she received a
Field Grade Article 15. She was advised of her rights. 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. Although not
entitled, the applicant submitted a request for conditional waiver,
voluntarily waiving consideration of her case by an administrative
separation board contingent upon receiving a characterization of service of
no less favorable than general, under honorable conditions. On 2 December
2002, the unit commander subsequently recommended separation from the
service and waiver of further rehabilitative efforts. On 3 December 2002,
the intermediate commander reviewed the proposed discharge action and
recommended approval of the separation action with a general discharge. On
19 December 2002, the proper legal authority reviewed the separation action
and found it to be legally sufficient. On 20 December 2002, the separation
authority directed that the applicant be discharged with a characterization
of service of general, under honorable conditions.
b. On 4 January 2003, the applicant was discharged. At the time of
discharge, the applicant had completed 2 years and 1 day of active military
service in the period under review and had a total of 3 years, 4 months,
and 1 day of total military service.
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 040509, with two (2) enclosures.
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, DC on 12 January
2005.
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:
( X ) Additional issue(s) identified during review/hearing as
follows:
Board Issue: (2) The discharge is improper.
b. Request: ( X ) Recharacterization ( X ) 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 parenthetical number(s) below correspond(s) to
the issue number(s) on the DD Form 293, or in Part VI,
Paragraph 1, above.
(2) The issue is accepted. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
The Board noted that the unit commander used “Board Procedures” when
notifying the applicant that he was initiating action to separate her under
the provisions of Chapter 14, AR 635-200, by reason of misconduct. By
using “Board Procedures” the authority for approval of the applicant’s
separation rested with the General Court-Martial Convening Authority. The
evidence of record shows that applicant’s separation action was improperly
approved at the Special Court-Martial Convening Authority level. In view
of the foregoing, the Board determined that the discharge was improper.
Accordingly, the Board voted to grant partial relief in the form of an
upgrade of characterization of service to fully honorable and a change to
the narrative reason for separation to Secretarial Authority. This action
does not entail a change to the reentry eligibility (RE) code.
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. A change to reentry eligibility (RE)
codes does not fall within the purview of this Board. If the applicant
desires to reenlist, she should contact the local recruiter to determine
her eligibility to reenlist. Those individuals can best advise a former
service member as to the needs of the Army at the time, and are required to
process waivers of RE codes.
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:
( ) Proper.
( X ) Improper as to characterization. Change characterization to
Honorable.
( X ) Improper as to reason. Change reason to Secretarial Authority
under Chapter 5, AR 635-200.
( ) 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 5 0
Characterization 5 0
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
1901 South Bell Street, 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. RIVERA
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 14 January 2004
The Army Discharge Review Board, established under the provisions of
Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as
Title 10, United States Code, Section 1553, in the case of the applicant
named in Part I directs that the ARBA Support Division-St Louis issue a new
DD Form 2l4 to the applicant which reflects the following directed
change(s):
( X ) Change characterization of discharge to
Honorable.
( X ) Change reason and authority for discharge to
Secretarial Authority, AR 635-200.
( X ) Other (see remarks below).
Remarks: This action does not entail a change to the RE code.
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
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: 20040001407 INDEX NUMBERS: A0108
Date of Review: 050112 A0154
Character of Service: GD A1200
Date of Discharge: 030104
Authority: AR 635-200 C14
Reason: A6770
Results of Board Action/
Vote/Affirmation: HD 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. PO X X
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