Applicant Name: ?????
Application Receipt Date: 080730 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached 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: 050211
Discharge Received: Date: 050301 Chapter: 14-12C AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: HHC, 2-1 Avn, APO, AE
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050126, wrongful use of marijuana (040912-041012), wrongful possess marijuana (041011) and wrongfully possess 42 grams of Psilocybin Mushrooms (041011), reduction to E-1, forfeiture of $667 X 2, 45 days extra duty and restriction.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: ?????
Current ENL Date: 000630 Current ENL Term: 4 Years ?????
Current ENL Service: 04 Yrs, 08Mos, 12Days applicant was extended on active duty for 12 months.
Total Service: 04 Yrs, 08Mos, 12Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 63S10 Hvy Wveh Mech GT: 108 EDU: HS Grad Overseas: Germany, SWA, Kosovo (020315-021101) Combat: SWA (040209-040717)
Decorations/Awards: AAM, NDSM, ASR, OAR, GWOTEM, GWOTSM
V. Post-Discharge Activity
City, State: San Luis Obispo, CA
Post Service Accomplishments: Applicant states she has attempted to go to school; however, her PTSD has interferred with her goals of attaining a college degree.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 11 February 2005, 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 (040912-041012), wrongful possession of marijuana (041011) and wrongful possession of and wrongful transport of psilocybin mushrooms (041011), 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 01 March 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.
The report contains a CID report dated 12 November 2004.
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 carefully examining the applicants record of service during the period of enlistment under review and the issue and independent evidence she submitted, the analyst determined that the discharge was both proper and equitable. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a soldier. The applicant, as a soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge. Furthermore, the analyst noted the applicant's issue however, the file was void of any evidence of PTSD or injuries sustained by the applicant while in Kosovo or Southwest Asia. The applicant submitted documents from the VA indicating that she was diagnosed with PTSD post discharge; however, there is no evidence to indicate that her misconduct was the result of PTSD or any other medical conditions. Therefore, the analyst determined 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: 080924 Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
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 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
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080011969
______________________________________________________________________________
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