Applicant Name: ?????
Application Receipt Date: 080626 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293 and supporting 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: 080229
Discharge Received: Date: 080325 Chapter: 14-12C AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: HQ, 101st ABN Div (AA), and Fort Campbell, Fort Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): Documentation indicates charges preferred against the Applicant and referred to Summary Court-Martial were dismissed and that the Applicant received a Letter of Reprimand for wrongfully using cocaine, having tested positive at a unit urinalysis conducted on 24 October 2006.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 060314 Current ENL Term: 04 Years ?????
Current ENL Service: 02 Yrs, 00 Mos, 11 Days ?????
Total Service: 05 Yrs, 01 Mos, 21 Days ?????
Previous Discharges: RA 030205-060313/HD
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 92F Petro Sply Spec GT: 108 EDU: HS Grad Overseas: SWA Combat: Iraq (050505-060426)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ICM, NCOPDR (2), OSR
V. Post-Discharge Activity
City, State: Oak Grove, KY
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 25 October 2007, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12C, AR 635-200, by reason of misconductfor wrongfully using cocaine between on or about 12 October 2006 and on or about 24 October 2006, 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 submitted a statement in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 10 March 2008, 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 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 all the Applicants military records, and the issue she submitted, the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the Applicants Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the Applicants characterization of service be upgraded to fully honorable. However, the analyst found 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: 22 April 2009 Location: Atlanta, GA
Did the Applicant Testify? Yes No
Counsel: No
Witnesses/Observers: None
Exhibits Submitted: None
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 noted that the government introduced a document into the discharge process revealing that results of a biochemical test that was part of the Applicant's Alcohol and Drug Prevention and Control Treatment Program for substance abuse. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
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 AR20080010829
______________________________________________________________________________
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