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): 030314
3. Authority for separation:
a. Regulation: Chapter 14, Paragraph 14-12c(2),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: 2 Years GCMDL(3rd Awd)
b. Entry date: 010809 NDSM(2nd Awd)
c. Age: 29 Years DOB: 720420 ASR
d. Educational level: HS Grad OSR
e. Aptitude area score:
GT: 103 3. Highest grade
achieved:
f. Length of Service: E5
1 Year(s) 7 Month(s) 5 Day(s)
4. Performance evaluations:
See Microfiche
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)
020708 Wrongfully used marijuana (020303-020402) (Field Grade)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: The unit commander indicated that the applicant was
barred from reenlistment.
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
RA 921007 960331 Honorable
RA 960401 990808 Honorable
RA 990809 010808 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 5 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 unit commander indicated that he was initiating
separation proceedings based on the applicant’s wrongful use of marijuana.
She was advised of her rights. The applicant consulted with legal counsel,
was advised of the impact of the discharge action, waived appearance before
an administrative separation board contingent upon receiving an honorable
discharge, and did not submit a statement in her own behalf. The unit
commander subsequently recommended disapproval of the condition waiver and
recommended separation with a general discharge. The intermediate
commanders reviewed the proposed discharge action, recommended disapproval
of the conditional waiver, and recommended approval of the separation
action with a general, under honorable conditions discharge. On 15 January
2003, the separation authority disapproved the applicant’s conditional
waiver and directed her appearance before an administrative separation
board. On 28 January 2003, the applicant submitted a new conditional
waiver to appear before an administrative separation board contingent upon
receiving a general discharge. She also submitted a written statement on
her own behalf. On 19 February 2003, the separation authority approved the
applicant’s new waiver to appear before an administrative separation board,
waived further rehabilitative efforts and directed that the applicant be
discharged with a characterization of service of general, under honorable
conditions.
b. On 14 March 2003, the applicant was discharged. At the time of
discharge, the applicant had completed 1 year, 7 months, and 5 days of
active military service in the period under review and had a total of 10
years,
5 months and 8 days of active 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 040118.
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 29
September 2004.
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 ( 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 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.
(1-3) The issues are rejected. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
There was a full consideration of all faithful and honorable service as
well as the infraction of discipline, the extent thereof, and the
seriousness of the offense. The applicant, by violating the Army's policy
not to possess or use illegal drugs, compromised the special trust and
confidence placed in a non-commissioned officer (NCO). The applicant, as a
NCO, had the duty to support and abide by the Army's drug policies. By
abusing illegal drugs, the applicant knowingly risked a military career and
this misconduct diminished the quality of service below that meriting a
fully honorable discharge. The Board noted the applicant’s contentions;
however, did not find said contentions sufficiently mitigating to warrant
an upgrade of the discharge under review. Although, the unit commander
indicated that the applicant was diagnosed with a borderline personality
disorder, the Board found no evidence in the record to indicate that she
was recommended for discharge due to a personality disorder. 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
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
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
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: 2004103014 INDEX NUMBERS: A9217
Date of Review: 040929 A9307
Character of Service: GD A0113
Date of Discharge: 030314
Authority: AR 635-200 C14
Reason: A6770
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. PO X X
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