Applicant Name:  ?????

Application Receipt Date: 080509	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and documents 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: 070212
Discharge Received: 			   Date: 070302   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 266th QM Co, 87th CSSB, 3rd Sustainment Bde, Ft. Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050503, Wrongful use of marijuana between on or about 041019 and 041118; Reduciton to E1, forfeiture of $692.00 pay per month for 2 months, 1 month suspended, and extra duty for 45 days (FG).

061009, Failure to obey a lawful command from a commissioned officer (060906), derelict in the performance of duties (060906), disrespectful toward an NCO (060818), disobeyed a lawful order from an NCO (060818), failed to go to appointed place of duty (060808); Reduction to E3, forfeiture of $407.00 pay per month for one month, suspended (CG).

061210, Vacation of Suspension, Missing movement on or about 061110; Forfeiture of $407.00 pay per month for one month (CG).

Applicant's record includes a CID report dated 15 April 2005, in which the Applicant provided a sworn statement admitting to using cocaine twice while on Advanced Individual Training (Feb 2004 - April 2004) and admitted using marijuana on a daily basis for approximately 3 months since August 2004.  Additionally, the CID report indicates the Applicant enrolled in the Army Substance Abuse Program in May or June 2004 and was again referred by the commander in September 2004.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 051210    Current ENL Term: 5 Years  ?????
Current ENL Service: 	01 Yrs, 02 Mos, 22 Days ?????
Total Service:  		03 Yrs, 03 Mos, 16 Days ?????
Previous Discharges: 	RA  031117-051210/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92W  Water Treatment Spec   GT: 103   EDU: GED   Overseas: SWA   Combat: Iraq (050118-051231)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR, OSR, CAB



V.  Post-Discharge Activity
City, State:  Stone Mountain, GA
Post Service Accomplishments: None listed by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 February 2007, 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 failure to be at her appointed place of duty, missing movement, disobeying lawful orders on numerous occasions and disrespecting NCOs on numerous occasionss, with a general under honorable conditions discharge.  The Applicant was advised of her rights, 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 14 February 2007, 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.  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 Applicant’s military records, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge.  The Applicant’s discharge was appropriate because the quality of the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the Applicant diminished the quality of service below that meriting a fully honorable discharge.  The Applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the Applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the evidence of record shows that the command attempted to assist the Applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The Applicant failed to respond appropriately to these efforts.  Additionally, at the time of discharge, the Applicant was assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the Applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Therefore, 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: 27 February 2009         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 discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007861
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