Applicant Name:  ?????

Application Receipt Date: 2011/08/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she received no help (i.e., rehabilitation) from her chain of command and she didn't have a family care plan and her commander threatened her in reference to how it will affect her.  She was having major problems and her unit knew and she even had to go to a mental hospital to be evaluated but that didn't stop her because she was still strong. 

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: 090225
Discharge Received: 			   Date: 090320   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 149th Transportation Company, 10th Transportation Battalion, 7th Sustainment Brigade, Fort Eustis, VA 

Time Lost: AWOL x 1 (090217-090219) for 3 days; the applicant returned to her unit.  

Article 15s (Charges/Dates/Punishment): 080221, in that she did without authority, absent herself from her appointed place of duty from (080211-080212), restriction and extra duty for 14 days, suspended, to be automatically remitted if not vacated before (080522), (CG)

080603, wrongfully used marijuana between (080328-080428), reduction to Private (E-1), forfeiture of $673.00 pay per month for two months, extra duty and restriction for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 070705    Current ENL Term: 6 Years  The applicant required a moral waiver at the time of enlistment, which was approved on (060812).
Current ENL Service: 	1 Yrs, 8  Mos, 13  Days ?????
Total Service:  		1 Yrs, 8  Mos, 13  Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 October 2008, 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 between (080328-080428) and AWOL (080211-080212) with a general, under honorable conditions discharge.  However, the unit commander recommended that the applicant be retained on active duty with a suspended discharge not to exceed 365 days.  
       
       She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 that the applicant be retained on active duty and if separated, recommended that the applicant's characterization of service be characterized as honorable.  
       
       On 8 October 2008, the separation authority approved the separation action and directed that the applicant be discharged with a characterization of service of general, under honorable conditions; however, suspended the execution of the approved separation for 180 days (the probation period).  On 25 February 2009, the unit commander notified the applicant that he was initiating action to vacate the suspension of her Chapter 14-12c, commission of a serious offense separation packet because she failed to be at her appointed place of duty on three occasions between (090217-090219). 
       
       The unit commander recommended separation with a general, under honorable conditions discharge.  On 4 March 2009, the intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge.  The separation authority approved the recommendation for vacation of the suspended separation, 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 and the issue 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 service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of the former Soldier’s 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 analyst noted the applicant's issue that she received no help (i.e., rehabilitation) from her chain of command and she didn't have a family care plan and her commander threatened her in reference to how it will affect her.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.  
       
       Further, the record shows that the applican'st separation action was suspended for 180 days, which gave her a probationary period so that she could demonstrate that she was able to successfully meet the standards for conduct and performance required for continuance in the US Army.  However, because of her subsequent misconduct the applicant's suspension was vacated and her separation action was ordered to be executed.  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 applicant contends that she was having major problems and her unit knew and she even had to go to a mental hospital to be evaluated but that didn't stop her because she was still strong.  While the applicant may believe her major problems at home and work was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from those problems through her command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, she has provided no evidence that she should not be held responsible for his misconduct.  
       
       Additionally, 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 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: 28 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 13 August 2011, self authored statement undated.
















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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
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 AR20110016944
______________________________________________________________________________


Page 1 of 4 pages