Applicant Name:  ?????

Application Receipt Date: 2010/02/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that "I, [redacted], strongly feel that my type of discharge and reason for separation should be changed to Honorable - Pregnancy or Childbirth Voluntary Separation. This was the chapter that I was originally separating from the Army with even after I had received my Article 15 for a positive UA for a trace of cocaine. I have no history of drug use, nor have I ever tested positive before or after this time for any drugs. I tested positive for cocaine in September of 2007, received my Article 15 in October of 2007 and my chapter for discharge for this offense was not opened until two weeks before I was supposed to sign out for terminal leave for my pregnancy discharge. I feel that I was mistreated and wrongfully discharged from the military, which now my type of discharge has affected my civilian life by denying me any educational benefits, ability to reenter the military to complete my service time, ect. Now any time any personal see my DD 214 it makes it seem as though I was a bad soldier when I very much feel that I was great soldier. I was not the best but never did I ever get in trouble until my short service at Ft. Carson, Co. I feel from day one that my company did not like me because I was married to an African American soldier since I was Caucasian and the majority of my leadership was African American. I seemed as though no matter what I did I could not please them. During my nine months of service at Ft. Carson, Co I was hospitalized twice for mental health at [redacted} located in Colorado Springs, Co. With everything going on at the time, (divorce, financial difficulties, occupation difficulties, and the metal abuse), I just could not handle being around certain individuals in my company any longer so I admitted myself in to [redacted]. The first time I was admitted during my time there I was threatened by my Sergeant First Class. Upon my return to the company I turned to the company Chaplain for help where I then was threatened again by the same Sergeant First Class for trying to receive advice and help from the company chaplain. This Sergeant First Class explained to me that I was no long able to speak to anyone without a Sergeant from the department with me. I could not even go to my own First Sergeant or Company Commander for help. Furthermore, this Sergeant First Class did not even allow me to JAG or the IG; I could not even leave my house or barracks with her know what time I left and returned home without my knowledge until later. I even tried to report child abuse/neglect to my command and the basically just brushed me off and called me a story teller. I witnessed a soldier's boyfriend toss an infant six feet on to a couch, the soldier shut the infant up in a back room in his car seat on top of a speaker while they watch TV, listen to loud music and fall asleep without even glancing in on the infant. Please explain to me how they never looked into this. This was what pushed them to discharge me faster so that I did not reach my two year marker. If only they would have given me two or three more month. I honestly want to stay in the military if they would have either transferred me to the field unit, allowed me to reclass since I could no long work in my MOS or possible reenlist so that I could have possible requested a new duty station. I really just needed to withdraw myself from this leadership. Even in the short time that I was in I had never see such bad leadership as I witness at Ft. Carson during my nine months there; keep in mind this was just not in my company. I personally feel that with this upgrade I can get my life back in order to provide a better life for my nineteen month old son. I want to be able to have the choice to serve my country again and be able to provide for my family as a parent should for their children. Since I was discharged from the military I have been unsuccessfully in finding and maintaining employment. I have also been determined 10% disabled through the Veteran's Administration (VA) as of November 2009. I have been working on my medical conditions to better my physical health so that it may possible one day not affect my work ability."

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: 080226
Discharge Received: 			   Date: 080317   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Medical Co, USAMDA, Ft Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071108, wrongful use of cocaine (070902-070904), reduction to E1, forfeiture of $650 pay per month for two months, suspended, to be automatically remitted if not vacated by (080507), extra duty 45 days and an oral reprimand (FG).

071214, vacation suspended; arrested for larceny of private fund (071211), forfeiture of 1 month pay (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060720    Current ENL Term: 2 Years  33 weeks
Current ENL Service: 	1 Yrs, 07Mos, 28Days ?????
Total Service:  		1 Yrs, 07Mos, 28Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 68Q10 Pharmacy Spec   GT: 112   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Paxton, IL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 February 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 misconduct commission of a serious offense for wrongful use of cocaine (070902-070904), with an under other than honorable conditions discharge.  She was advised of her rights.  
       On 22 February 2008,  the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an Administrative Separation Board contingent upon her receiving a characterization of service no less favorable than general, under honorable conditions and submitted a statement in her own behalf.  
       The unit commander subsequently recommended separation from the Army with a general, under honorable conditions 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 26 February 2008, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       The record contains a MP Report citing the applicant as the subject of Larceny of Private Funds - involving use of computer dated 071211.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation 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 applicant’s record of service during the period of enlistment under review and the issue submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       The analyst determined that the applicant’s discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  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 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 noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       Further, the record does not support the issue that the applicant should have been discharged due to Pregnancy or Childbirth Voluntary Separation and no evidence to support it has been submitted by the applicant.  
       Additionally, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(2), block 26 as separation code JKK, block 27 reentry code to 4, block 28, narrative reason for separation as “Misconduct (Drug Abuse).”   The separation authority approved that the applicant be discharged under the provisions of Chapter 14-12c, Commission of a Serious Offense.  In view of the foregoing, the analyst recommends to the Board that an administrative corrrection be made to block 25, to read AR 635-200, Chapter 14-12c, block 26, separation code to read "JKQ", block 27 reentry code to read 3, and block 28, reason for separation to read “Misconduct (Commission of a Serious Offense).   
       Except for the foregoing modifications, the analyst found that the characterization of service was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214



















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: No Change
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 AR20100008657
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