Application Receipt Date: 060731	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she served her country for 3 years and advanced in rank . i did my job best i could but due to some extinuating circumstances experienced some problems. i fought my discharged to the end and still wish i could go back to serve . however due to my discharge i lost my gi bill which i did complete paying for during my enlistment. i feel i was treated unfairly thru my chain of command at the time. i accepted my punishment and went on. i do feel that this was my fault but i did serve my country and feel that i shuold have something to show for my time given.thak you for the chance to even serve and i hope you deem me worthy of an upgrade to help better my life because even with the turn out of my service it was one of the best decisions i ever made.  

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: 030326
Discharge Received:     Date: 030620   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: HQ Distribution Company, 15th Forward Support Battalion, Division Support Command, 1st Cavalry Division, Fort Hood, TX  76544 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020913, Wrongfully used marijuana between (16 June 2002 and 16 July 2002), (Field Grade)

2nd Article 15, 030314, Wrongfully used marijuana between (13 January 2003 and 13 February 2003), (Field Grade)

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  720429  
Current ENL Date: 000616    Current ENL Term: 4 Years  ?????
Current ENL Service: 3 Yrs, 0 Mos, 5 Days ?????
Total Service:  3 Yrs, 0 Mos, 5 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Specialist   GT: 108   EDU: 14 Years   Overseas: Korea (010408-020407)   Combat: None
Decorations/Awards: AAM, NDSM, ASR, OSR
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 29 April 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense/abuse of illegal drugs (you tested positive for marijuana use on 16 July 2002 and on 13 February 2003), 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 and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 3 August 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. 
      
      
      

      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, and 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 applicant’s military records, supporting documents and the issue she submitted, the characterization of service is improper.  The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 July 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 5    No change 0   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was and is improper.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  However, 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: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: N/A

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 1 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011503

Applicant Name:  Ms       
______________________________________________________________________


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