Application Receipt Date: 060518
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 030528
Discharge Received: Date: 030725
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: Japan District Veterinary Command, Okinawa Branch, Unit 35142, APO AP
Time Lost: None
Article 15s (Charges/Dates/Punishment): 030522/Wrongful use of marijuana and hallucinogenic mushrooms from about 021201 to about 021231/Field Grade
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 780115
Current ENL Date: 990922 Current ENL Term: 04 Years ?????
Current ENL Service: 03 Yrs, 10Mos, 04Days ?????
Total Service: 03 Yrs, 10Mos, 04Days ?????
Previous Discharges: None
Highest Grade: E5
Performance Ratings Available: Yes No
MOS: 91R10 (Veterinary Field Inspection Food Specialist) GT: 123 EDU: 2 yrs Coll Overseas: Guam, Ryukyu Islands Combat: None
Decorations/Awards: AAM (5th Award), NDSM, NCOPDR, ASR, AGCM, OSR (2d Award), Certificate of Achievement (3)
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 28 May 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (wrongful use of marijuana and hallucinogenic mushrooms), with a general, under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit statements in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 19 June 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
The applicant has a CID Report of Investigation dated 4 February 2003, in her Official Military Personnel File.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, and the independent evidence she submitted, the analyst recommends to the Board that the discharge be upgraded to fully honorable. This recommendation was made after full consideration of her faithful and honorable service, as well as her record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service, mitigated the discrediting entries in the service record. However, the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 21 March 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change (Character)
Change No change (Reason)
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, and considering the analysts recommendation and rationale, the Board determined that the discharge is inequitable. The Board found that the overall length and quality of the applicant's service and the circumstances surrounding the discharge, mitigated the discrediting entries in her service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority. This action does not entail a change to the reentry eligibility (RE) code.
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: Secretarial Authority under Chapter 5, AR 635-200.
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060007025
Applicant Name: Ms.
______________________________________________________________________
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