Applicant Name:  ?????

Application Receipt Date: 2011/09/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My discharge was inequitable as it is based on a one-time use of marijuana in 2006. At no other time during my service did I use marijuana or any other illegal substances or test positive for any such usage. In addition to the fact that this was a one-time incident, the incident also must be placed in context with respect to the serious medical issues I was experiencing during my service.  I have been diagnosed with PTSD.  The VA determined that my PTSD diagnosis was service connected and assigned a 30% rating as of the date of my discharge.  The VA also has considered other medical issues from which I suffer to be service connected and awarded compensation for those issues, including issues I have with my feet.  I also have undergone a military sexual trauma screen by the VA stemming from events that occurred during my service.  These events included being touched improperly by a higher ranking soldier, experiencing an unwanted sexual encounter and rape by a fellow soldier during my service.  While I reported the first incident, I did not report the subsequent incidents because nothing had been done regarding the first incident.  Finally, my service was particularly difficult for my son.  We were separated during my deployment and, as a younger child, he had significant health issues.  His health and the difficulty I had in caring for him as a single parent ultimately led to his being placed in a foster home in early 2007.  Despite these issues, I served to the best of my ability.  While in service, I completed the Army Substance Abuse Program and had no other issues regarding substance abuse.  Beyond that once incident, I did not use drugs or have any positive screens.  As a result of my service, I received numerous medals and ribbons, including National Defense Medal, the Global War on Terrorism Medal, the Iraq Campaign Medal and the Oversees Service Ribbon.  I always tried to serve to the best of my ability and am proud to have served in the Army.  I respectfully request that my discharge status be changed to Honorable. This is an important issue for me for a number of reasons.  First and foremost, during the course of my service, I made every effort to complete my service as honorably as possible.  I faced a number of challenges during my service (both in-service and in my personal life) and tried to meet those challenges to the best of my ability.  As a result, I do not feel my discharge status reflects my service record.  Second, as I continue to try to overcome the PTSD and other challenges in my life, my discharge status has impacted my ability to attend school and to gain employment. It is my sincere hope that a change in my discharge status will allow me to more successfully pursue further education and employment and use the skills I learned in the Army to better care for myself and my family.  Third, and most importantly, as a single mother of a son, I want him to know that I served Honorably in the Army. And, that while I made a mistake, I atoned for that mistake and served my country with honor.  It is extremely important to me to be able to serve as an example to him that, despite whatever circumstances you might find yourself in, you can overcome those circumstances with hard work.

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: 070228
Discharge Received: 			   Date: 070328   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 10th BSB, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 061128, Wrongful use of marijuana between (060919 and 061018), reduction to E1; forfeiture of $200.00 pay per month for two months; extra duty for 45 days; restriction for 45 days; and oral reprimand, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 060316    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 00  Mos, 13  Days ?????
Total Service:  		03 Yrs, 01  Mos, 05  Days ?????
Previous Discharges: 	RA-040224-060316/HD
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Op   GT: 93   EDU: 13 Yrs   Overseas: Southwest Asia   Combat: Iraq (050811-060719)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 February 2007, 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 the wrongful use of marijuana between (060919 and 061018), with a general, under honorable conditions discharge.  She was advised of her rights.
       
       On 1 March 2007, the applicant consulted with legal 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 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.  
       
       On 9 March 2007, the separation authority 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 carefully examining the applicant’s record of service during the period of enlistment under review, the issues, and documents 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 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 service below that meriting a fully honorable discharge.
       
       
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of her service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incident.  
       
       Furthermore, the analyst acknowledges the samples of prior case decisions submitted by the applicant and counsel, however, the method in which another Soldier’s case was handled is not relevant to the applicant’s case.  Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case.  
       
       Even though the applicant's misconduct was a one time incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       The analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       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 issues about her discharge status impacting her ability to attend school and gain employment.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       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.
       
       Additionally, the analyst acknowledges the applicant's diagnosis of PTSD outlined in the Report of Mental Status Evaluation.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted, the applicant fully understood the difference between right and wrong when she committed the misconduct that caused the unit commander to initiate the separation action.
       
       In view of the foregoing, 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: 27 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Bass Berry & Sims
, 150 Third Avenue South, Nashville, TN  37201

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Copy of appeal packet to the Department of Veterans Affairs, dated 9 September 2009 (129 pages), Letters from the applicant's counsel, dated 13 September 2011, 31 October 2011, and                     16 December 2011 with attachments (12 pages), Department of Veterans Affairs Decision Letter, dated 29 November 2011 (10 pages), Prior Case Files Decisions from the Army Discharge Review Board (7), and DD Form 214 for the period of service under review. 


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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20110018708
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