Applicant Name: ?????
Application Receipt Date: 071226 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 submitted by the applicant.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 970528
Discharge Received: Date: 970617 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: Medical Co, U.S. Army MDA, Fort Leavenworth, KS
Time Lost: None
Article 15s (Charges/Dates/Punishment): 970424, wrongfully used marijuana (970317), forfeiture of $450 x 2, extra duty for 45 days and restriction for 45 days (FG).
960913, wrongfully used marijuana (960814), reduction to E-1, forfeiture of $437 x 2 (suspended), extra duty for 45 days, and a verbal reprimand (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 950405 Current ENL Term: 6 Years ?????
Current ENL Service: 02 Yrs, 02Mos, 13Days ?????
Total Service: 02 Yrs, 02Mos, 13Days ?????
Previous Discharges: None
Highest Grade: E-2 Performance Ratings Available: Yes No
MOS: 91P10 Radiology Spec GT: 104 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSDM, ASR
V. Post-Discharge Activity
City, State: Albany, GA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 28 May 1997, 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 for receiving two (2) Field Grade Article 15s for positive urinalysis and a Bar to Reenlistment, with an under other than honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived her right to an administrative separation board, 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 senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 9 June 1997, the separation authority approved the applicant's waiver of her administrative separation board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
The applicant's record contains an approved Bar to Reenlistment dated 7 May 1997.
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, however, a general under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After carefully examining the applicants record of service during the period of enlistment under review and the issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, 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 diminished the quality of her service below that meriting a fully honorable discharge. Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 29 October 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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 was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 2 No change 3
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070018921
______________________________________________________________________________
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