Application Receipt Date: 060626
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 with three (3) attachments.
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: NIF
Discharge Received: Date: 060315
Chapter: 9 AR: 635-200
Reason: Drug Rehabilitation Failure
RE: SPD: JPC
Unit/Location: 297th Transportation Company, 2nd Chemical Battalion, Fort Hood, TX 76544
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060120, Wrongfully used cocaine (051129), (Field Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 791121
Current ENL Date: Reenl/040505 Current ENL Term: 5 Years ?????
Current ENL Service: 1 Yrs, 10 Mos, 11 Days ?????
Total Service: 3 Yrs, 11 Mos, 7 Days ?????
Previous Discharges: RA-020409-040504/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 63B10 Wheeled Vehicle Mechanic GT: 88 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (030603-031030)
Decorations/Awards: NDSM, GWOTSM, ASR, OSR, Iraq Campaign Mdl
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 31 January 2006, the unit commander in consultation with the Clinical Director/Substance Abuse Rehabilitation Department (SARD) declared the applicant a rehabilitation failure. The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation failure, 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 not submit a statement in her own behalf. The unit commander subsequently recommended separation from the service. The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
The applicant has a Military Police Report dated (051022) 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 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general discharge is authorized depending on the applicants overall record of service. However, an honorable discharge is required if restricted use information is used in the discharge process).
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, the issue and documents she submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. The analyst does not condone the applicants misconduct; however, determined that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the applicant's misconduct was mitigated by service of sufficient length, to include her combat service and the circumstances surrounding the discharge to warrant an upgrade of the discharge being reviewed. However, the analyst determined that the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 30 May 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: N/A
Witnesses/Observers: N/A
Exhibits Submitted: N/A
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 characterization of service was too harsh and as a result, it is inequitable. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it.
Case report reviewed and verified by: MR. Ron Williams, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: None
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 8 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060009202
Applicant Name: Ms.
______________________________________________________________________
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