Applicant Name:  ?????

Application Receipt Date: 2010/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I am writing this letter in regard to the Application for the Review of Discharge from the
Armed Forces of the United States.  In the year 2004 I was discharged Generall Under Honorable Conditions from the US Army. I have enclosed an official copy of my DD 214. I was very young and equally immature.  I made a stupid decision and suffered consequences. Currently, I am a Registered Technologist in Radiography in [redacted] Georgia. Since the year 2004 I have learned discipline restraint and self worth. My husband remained active duty, and we had a young son shortly thereafter. It is then that I began seeking a higher level of education. I am an active member of the [redacted] Honor Society as well as the American Society of [redacted]. I continue to excel in my curriculum, work ethic my personal life and goals. I felt it necessary to write this personal explanation and to request a board action of change to honorable discharge, so that I may continue to excel in life and relish the knowledge responsibility and interaction that come along with it. Thank you so much for your time and consideration."


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: 040318
Discharge Received: 			   Date: 040412   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: E Co, 703d Main Spt Bn, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 031216, wrongfully used marijuana (030914-031014), reduction to E-1, forfeiture of $575 for two months, and 45 days of extra duty and restriction (FG)

040212, wrongfully used marijuana (031102-031202), forfeiture of $586 for two months, 45 days of extra duty and restriction (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: 020517    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 26Days ?????
Total Service:  		01 Yrs, 10Mos, 26Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Supply Spc   GT: 111   EDU: HS Grad   Overseas: SWA   Combat: Iraq/Kuwait (030119-030801)
Decorations/Awards: PUC, NDSM, GWOTEM, GWOTSM, ASR




V.  Post-Discharge Activity
City, State:  Columbus, GA
Post Service Accomplishments: The applicant states she is a registered technician in radiography and excels in her job.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 March 2004, 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 testing positive for marijuana on two separate occasions, with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 19 March 2004, 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       The separation authority, on an undated document, waived further rehabilitation and directed the applicant’s discharge 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 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 a careful review of all the applicant’s military records, and the issue and documents she submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test.  This is limited use information as defined in AR 600-85.  Use of this information mandates the award of a fully honorable characterization of service.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: A Self-authored statement, certifications, DD Form 214, DD Form 293 and DD Form149.



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 noted that the government introduced the results of a command directed urinalysis into the discharge process.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20100013508
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