Applicant Name:  ?????

Application Receipt Date: 2008/10/15	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: 071102
Discharge Received: 			   Date: 071207   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 3rd Hvy Bde Cbt Team, (Rear) (Provisional), Fort Hood, TX  

Time Lost: AWOL for 2 days (070904-070905), returned to unit;  and Confinement Military Authorities for 22 days (071026-071118).  Total time lost 24 days.

Article 15s (Charges/Dates/Punishment): 061105, the infractions under UCMJ are illegible; however, the punishment consisted of forfeiture of $636 x2, extra duty and restriction for 45 days (FG).

060623, wrongful use of cocaine between (060425-060501); reduction to E-1, forfeiture of $636, extra duty for 45 days and restriction for 45 days (FG).

Courts-Martial (Charges/Dates/Punishment): 071026, SCM, AWOL (070904-070906), failure to report (070925), and wrongful use of cocaine x 2 between (070822-070827) and (070902-070907); reduction to E-1, forfeiture of $867, and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050701    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 12Days ?????
Total Service:  		02 Yrs, 04Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 92   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (061001-070531)
Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Alamogordo, NM
Post Service Accomplishments: None Listed




 



VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
             The evidence of record shows that on 1 November 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of cocaine x 2 (070827) and (070907), with an under other than honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily unconditionally waived consideration of her case by an administrative separation board, 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 senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 29 November 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 applicant’s military records during the period of enlistment under review, the issues and documents 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 and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, 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 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: 12 August 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 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 characterization of service is too harsh, and as a result it is inequitable.  The Board determined that the length and quality of the applicant’s service, to include her combat service, mitigated the discrediting entries in her service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016095
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