Applicant Name: 

Application Receipt Date: 080602	

Prior Review    Prior Review Date: NA

I.  Applicant Request
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?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 961024
Discharge Received:     Date: 961203   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKF
Unit/Location: HHB, III Corps Artillery Ft. Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 961001  wrongfully using marijuana, (960713-960813), reduction to E-2, forfeiture of $490 suspended, restriction and extra duty for 45 days (FG). 

960624 with intent to deceive made a false official statement to an NCO (960610), reduced to E-3, forfeiture of $271 for one month, 14 days restriction (suspended), (CG)

950222 made a false claim (941123), in order to defraud the government, 7 days extra duty (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7005  
HOR City, State: 
Current ENL Date: 961203    Current ENL Term: 4 Years  ?????
Current ENL Service: 4 Yrs, 8Mos, 6Days ?????
Total Service:  5 Yrs, 0Mos, 29Days ?????
Previous Discharges: ARNG 910812-920627/HD
                                      RA 911029-920330/UNC
                                      RA 920828-960201/HD

Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 63B10 Light WVEH Mech   GT: 98   EDU: NIF   Overseas: Korea 93-94   Combat: None
Decorations/Awards: AGCM, NDSM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 24 October 1996, 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 wrongfully using marijuana, making a false official statement and attempting to defraud the Federal Government, 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 submitted 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 25 November 1996, 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, 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 all the applicant’s military records, and the issue he submitted, the analyst determined that the characterization of service is improper. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  While the analyst does not condone the applicant’s misconduct, the evidence of record shows that the approving authority considered non-judicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  In view of the foregoing, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  The record does not support the applicant’s contention that she suffers from Post Traumatic Stress symptoms’ and no evidence to support it has been submitted by the applicant, that her discharge was the result of any medical condition.   However, 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: 080730              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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 approving authority considered non-judicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  In view of the foregoing, the Board determined that the characterization of service was improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to fully honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  

















								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 080730
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080008811
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