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. Soldiers 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 misconductcommission 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 applicants 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 applicants 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 applicants 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 applicants record of service during the period of enlistment under review and considering the analysts 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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