Applicant Name: ?????
Application Receipt Date: 2008/07/25 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that she is currently married to an active duty soldier at Fort Hood, Texas. She is a disabled veteran seeking 10 point preference that she is eligible for. She would like to seek federal employment while working towards her bachelor's degree in social work. She made a terrible mistake at the time she was enlisted at Fort. Hood, Texas. She truly regret what she did and regret not being able to finish her enlist and further her career in the army.
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: 020516
Discharge Received: Date: 020807 Chapter: 14-12c (2) AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: 602nd Maintenance Company, 553rd Corps Support Battalion, Fort Hood, TX 76544-5401
Time Lost: None
Article 15s (Charges/Dates/Punishment): 020506, Wrongfully used Phencyclidine on or about (020408); reduction to Private (E-1);forfeiture of $552.00 pay per month for two months, suspended, to be automatically remitted if not, vacated before (020704); extra duty for 45 days; restriction to the COSCOM area for 45 days, suspended, to be automatically remitted if not vacated before (020704)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 26
Current ENL Date: Reenl/020304 Current ENL Term: 3 Years ?????
Current ENL Service: 0 Yrs, 5 Mos, 4 Days ?????
Total Service: 3 Yrs, 8 Mos, 26 Days ?????
Previous Discharges: RA 981112-020303/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 92A10 Automated Logistical Spec GT: 99 EDU: GED Certif Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: The applicant states in her issue that she is working towards her bachelor's degree in social work.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 16 May 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that she received a Field Grade Article 15 for the wrongful use of Phencyclidine, 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 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 3 July 2002, 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, but a general discharge 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 analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 her service below that meriting a fully honorable discharge. Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. In view of the foregoing, 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: 13 May 2009 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
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
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 AR20080012107
______________________________________________________________________________
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