Applicant Name:  ?????

Application Receipt Date: 2009/04/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I entered the Army in July/2005 active duty.  In Feb/2006 I was deployed to Iraq for 7 months until Sept/2006.  When I returned home I continued active duty at Fort Hood, Texas.  While in Iraq I experienced daily mortar attacks.  After returning home I had difficulty sleeping and began having relationship problems which led me to have an Article 15 due to a domestic problem.  I also was positive for wrongful use of marijuana.  I completed my 45 days extra duty and then felt I was "rushed" out of the Army.  I was not intending to leave the military at that time.  I was undergoing counseling for my marital issues and I was in a women's support group.  I feel I was smoking marijuana in an effort to self medicate.  Once I was positive for marijuana I joined an AA and NA group and had several repeat drops that were negative after that.  I am proud to be an American veteran, I enjoyed my time while active duty.  I feel I put my life on the line and served in a dangerous area of combat.  The general under honorable discharge causes me great concern as I feel it does not characterize my three years of service.  I feel my case was dealt with more harshly than other Soldiers in similar circumstances.  I respectfully request an upgrade of my discharge to Honorable."

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: 080807
Discharge Received: 			   Date: 080828   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, BTB, 4SB (R) (P), Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080714, Wrongfully using marijuana between (080406 and 080505), unlawfully striking another Soldier (080417), and assaulting another Soldier (080417), reduction to E2; forfeiture of $500.00 pay per month for two months (suspended); and 45 days extra duty, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 050706    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 01Mos, 23Days ?????
Total Service:  		03 Yrs, 01Mos, 23Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Spec   GT: 88   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR 

V.  Post-Discharge Activity
City, State:  Chicago, IL
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 7 August 2008, 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 commission of a serious offense (misconduct—abuse of illegal drugs) for receiving a Field Grade Article 15 (080708) [sic] and found gulity of wrongful use of marijuana, which is in violation of Article 112a, UCMJ, 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, waived consideration of her case by an administrative separation board, 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 14 August 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of general, under honorable conditions.
       
       The applicant's record contains a Military Police Report dated 21 April 2008.

       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 documents, and the issues 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.  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.  
       
       The applicant contends that she was smoking marijuana in an effort to self medicate and that her case was dealt with more harshly than other Soldiers in similar circumstances.  However, the analyst 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 analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
       
       The analyst acknowledges the independent document (Department of Veterans Affairs) submitted with the application indicating that the applicant was diagnosed with depression during active duty and treated with Citalopram.  However, the applicant's available record does not contain any evidence of inservice diagnosis of depression and treated for Citalopram as indicated in the independent documentation from the Department of Veteran Affairs, and the applicant did not submit any corroborating evidence of inservice diagnosis or related medical issues.
       
       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: 21 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Independent document (Department of Veterans Affairs), DD Form 214 for the period of service under review, and discharge Orders, dated, 19 August 2008.

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
















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007766
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