Applicant Name:  ?????

Application Receipt Date: 2011/05/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she would like to continue her education and her discharge was improper because once she injured her leg, her military career was finished. If she had never gotten into that accident, she would still be in the Army furthering her career. She loved serving her country but with a broke knee and screws in it that was impossible.

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: 020401
Discharge Received: 			   Date: 020418   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: B Company, 201st Forward Support Battalion, Germany, APO, AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010220, Wrongfully used marijuana on or about (001218), reduction to Private (E-1), forfeiture of $521.00 pay per month for 2 months, extra duty and restriction for 45 days, suspended, to be automatically remitted if not vacated before (010819), and a oral reprimand (FG)

011218, wrongfully used marijuana on or about (011011), forfeiture of $521.00 pay per month for 2 months, restriction and extra duty for 45 days (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: 000516    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 11 Mos, 3 Days ?????
Total Service:  		1 Yrs, 11 Mos, 3 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 63W10 Wheel Vehicle Repairer   GT: 93   EDU: HS Grad   Overseas: Germany (001128-020418)   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant submitted a copy of her grade transcript from the Pittsburg Technical Institute, Certificate of Achievement for making the Dean's List dated 29 September 2010. 





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 April 2002, 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 wrongfully used marijuana on two occasions, with a general, under honorable conditions discharge.  She was advised of her rights.  On 2 April 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his 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 11 April 2002, the separation authority 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 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, the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.   
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of her 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 her service below that meriting a fully honorable discharge.  
       
       The analyst noted the applicant's issue that she would like to continue her education and her discharge was improper because once she injured her leg, her military career was finished.  If she had never gotten into that accident, she would still be in the Army furthering her career.  There is no evidence of record and the applicant has submitted no probative medical evidence that she had a medical problem which rendered her disqualified for further military service and that she was not able to perform her duties, with either medical limitation or medication. 
       
       Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Therefore, 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: 18 November 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: A copy of her grade transcript from the Pittsburg Technical Institute, Certificate of Achievement for making the Dean's List dated 29 September 2010.

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder








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 AR20110010565
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