Applicant Name:  ?????

Application Receipt Date: 2008/02/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated that "I believe my discharge should be changed because of various reasons.  When I got married and moved to Fort Bragg, I requested to be transferred to a reserve unit in North Carolina.  This transfer never occurred.  To begin my unit was activated while I was a patient in Cape Fear Valley Hospital  in North Carolina.  My hubsand was contacted in Afganistan and told to come home immediately because of my mental state.  A few days later I was contacted and instructed to report for duty in Louisiana.  Before the unit left to go to Fort Polk for training I was told I would be sent back as soon as the paperwork was completed.  When the unit arrived at Fort Polk they trained and went overseas and I was held back as a medical holdover.  We were told at that time I would be sent back to North Carolina to contine my treatment.  However, this did not happen.  As other Soliders who could not go overseas arrived they began forming a company.  I believe we were attached to the 4013th, I was in the process of being discharged for a personality disorder.  Upon a positive drug screening for marijuana use I was discharged under general honorable conditions.  There were several Soliders in the unit that tested positive for cocaine, marjuiana, and other drugs and was allowed to go to rehab or counseling and I was not.  I beleive I was railed out Before I was discharged.  I ruffled some feathers by complainting of current conditions.  I was also being evaulated by a Army doctor that stated to me due to my current mental conditions that I should be discharged."

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: NIF
Discharge Received: 			   Date: 030917   Chapter: 14       AR: 635-200
Reason: Misconduct-Abuse of Illegal Drugs	   RE:     SPD: JKK   Unit/Location: 321st CS Co, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 030102/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	00 Yrs, 08Mos, 16Days ?????
Total Service:  		02 Yrs, 10Mos, 17Days ?????
Previous Discharges: 	USAR-001031-030101/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 71L10 Administrative Spec   GT: 97   EDU: 11 Years   Overseas: None   Combat: None
Decorations/Awards: NDSM, AFRM-W/"M" DEV, ASR

V.  Post-Discharge Activity
City, State:  Baton Rouge, LA
Post Service Accomplishments: None Listed

 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The specific facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- abuse of illegal drugs).  On 17 September 2003, Orders 260-0357, DA, HQ, Joint Readiness Training Center and Fort Polk, Fort Polk, LA, discharged the applicant from the United States  Army Reserve, effective date:  17 September 2003.   

       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 available military records during the period of enlistment under review, the issues and document that she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c (2) by reason of misconduct-abuse of illegal drugs, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant's issue; however, found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.    Further, the analyst noted the applicant's issues, however, said issues were not sufficiently mitigating to warrant an upgrade of the discharge 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: 3 December 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 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 discharge was both proper and equitable and voted to deny relief. 
 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         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 AR20080002557
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