Applicant Name:  ?????

Application Receipt Date: 2009/04/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.

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: 070326
Discharge Received: 			   Date: 070427   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: E Company, 3-4 Assault Helicopter Battalion, Combat Aviation Brigade, 4th Infantry Division, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060509, Dereliction of duty; in that she willfully failed to be counseled by a noncommissioned officer or officer in the rank of SFC or above before receiving casual pay, as it was her duty to do on or about 060504; disrespectful in language toward a noncommissioned officer (SGT) on or about 060504; failed to go to her appointed place of duty on or about 060504; reduction to Private (E-2); forfeiture of $333.00 pay per month for one month; to perform extra duty for 14 days (CG).

The unit commander's recommendation for separation and the Commander's request for non-judicial punishment under Article 15, UCMJ indicates that the applicant received a Field Grade Article 15, for testing positive for marijuana use; violation of Article 112a; which would have reduced her to Private/E-1; however, the DA Form 2627 is not part of the available record. Further, at the time of separation, the applicant was in the rank of Private/E-1, when the separation authority approved the discharge and as reflected on the DD Form 214, block 4a and b.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 050118    Current ENL Term: 3 Years  28 Weeks
Current ENL Service: 	2 Yrs, 3 Mos, 10 Days ?????
Total Service:  		2 Yrs, 3 Mos, 10 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92W10 Water Treatment Spec   GT: 86   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (051210-061110)
Decorations/Awards: NDSM, GWOTEM, ICMDL, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant. 






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 May 2007, 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 tested positive for marijuana use on 070124, E Company, 3-4th Assault Helicopter Battalion urinalysis, 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 24 April 2007, the separation packet was forewarded to the separation approving authority with the subject: separation under the provisions of AR 635-200, Chapter 14-12c, Commission of a serious offense; however, the separation authority approved the recommendation for separation under the provisions of AR 635-200, Chapter 14-12b, by reason of a pattern of misconduct, 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 applicant’s military records, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of the applicant's service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the analyst noted that the applicant did not submitted an issue of equity or propriety and the ADRB has not otherwise relied upon an issue of equity or propriety to change the discharge.  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: 15 January 2010         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 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 AR20090007696
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