Applicant Name:  ?????

Application Receipt Date: 2008/02/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "01 FEB 2008 - I was a single mom going through excruciating circumstances, relating to family (father passing in October 1996 and (ex) brother in law killed at Ft. Hood in November 2001) along with personal hardships between me and different members of my family.  I had been  seen by Mental Health (Ft. Bliss and Ft. Hood, TX) numerous times (1996-2003).  My Mental Health Team recommended separtion (8/2002) and my Family Care Plan wasn't current (09/2001). I would have reached (Army's) Retention Control Point as an E4 at time of discharge (3/2003).  I'm not trying to justity my reasons of the above discharge, but I was going through couseling and therapy and was self/Dr enrolled in the Army's ADAPC Program.  I gave the Army 10 years through my family's sacrifices and I feel  that I deserve and have earned some type of Severance Pay for my time in service (at least one years worth) so that I could build a more secure and stable foundation for my family.  *It really does matter to me what is viewed on my military records."

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: 021105
Discharge Received: 			   Date: 030314   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: E Co, 704th DSB, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020708, wrongful use of marijuana (020303-020402), reduction to E-4, forfeiture of $876 x 2 (amount over $800 suspended), 30 days extra duty and restriction (FG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 010809    Current ENL Term: 2 Years  ?????
Current ENL Service: 	01 Yrs, 07Mos, 06Days ?????
Total Service:  		10 Yrs, 05Mos, 08Days ?????
Previous Discharges: 	RA 921007-960331/HD
                                       RA 960401-990808/HD
                                       RA 990809-010808/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 91W20/Health Care Spc   GT: 103   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: ARCOM, AAM, GCM-3, NDSM-2, ASR, OSR

V.  Post-Discharge Activity
City, State:  Dallas, Texas
Post Service Accomplishments: None listed



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 November 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct for wrongful use of marijuana, with a general under honorable conditions discharge.  She was advised of her rights.  On 6 November 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an Administrative Separation Board contingent upon her receiving a characterization of service no less favorable than honorable 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 commanders reviewed the proposed discharge action and recommended disapproval of the conditional waiver request and a general under honorable conditions discharge.  On 15 January 2003, the separation authority disapproved the conditional waiver request and directed an Administrative Separation Board.  On 28 January 2003, the applicant submitted an unconditional waiver and provided a statement in her own behalf requesting a general, under honorable conditions discharge.  On 19 February 2003, the separation authority approved the unconditional waiver, 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.  It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldier’s service is so meritorious that any other characterization would be inappropriate.  Chapter 14 of this regulation 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 a careful review of the entire applicant’s military records, and the issues submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of the former soldier’s faithful and honorable service, as well as the record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable.  The analyst determined that the overall length and quality of the applicant's service as demonstrated by her over ten years of continuous active and honorable service without any other incidents of misconduct and by her earning of the Army Commendation Medal and the Army Achievement Medal while serving as an E-4/SPC mitigated the single discrediting entry in her service record.  Accordingly, the analyst recommends to the Board that the applicant’s characterization be upgraded to fully honorable.  Furthermore, the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  The analyst determined 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: 12 December 2008         Location: Washington, D.C.

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 characterization of service was too harsh based on the applicant’s length and quality of her service to include her earned awards of an ARCOM and AAM as an E-4/SPC and by the lack of any other incidents of misconduct in her service record and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003779
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