Applicant Name:  ?????

Application Receipt Date: 2012/01/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, she is requesting this correction for many reasons, but primarily because she is  currently in the process of furthering her education, in efforts to provide a better life for her child, and to one day maintain employment that allows her to sufficiently provide for her higher education.   It is the next logical step as she is at a point in her career where a degree is absolutely necessary to advance.  She would like to fully explain the circumstances that led to her unfavorable discharge.  She was very young when she joined the military, just 17 years old.  Her parents had to sign for her to join and she had only been living in the United States of America for less than 
6 months.  She was not yet even a US citizen.  She had moved here from Kuwait and had lived nowhere outside the Middle East her entire life.  When she began basic training, she experienced an extreme culture shock.  Everything was completely different from what she had been accustomed to.  However, due to lack of alternatives, she adapted and learned.  When she got to her duty station, she saw things that she had never seen before in her life.  Things that are considered extreme taboos and sins punishable by death in the Middle East were happening with no restriction all around her.  Alcohol and drugs in abundance, adultery, same sex relationships, theft, and pregnancy out of wed lock.  She struggled to figure out where to fit in to these dynamic.  Oddly enough it was very strange, but appealing, enticing and luring.  It also seemed less of a taboo since everyone around her was doing it.  She was 18, very young, and very naive.  Sadly, in an effort to fit in somehow with her surroundings, she followed the “when in Rome, do as Romans do” ideology. 

She is a single parent and will not be able to afford to support her daughter through school unless she furthers her  education.  She has tried and cannot come up with any feasible alternative that enables her to maintain a household and support a family, as well as afford tuition and text books.  She works full time and go to school full time.   She is  doing everything she possibly can, working as much overtime as she can, applying for every grant and scholarship she can, but it still doesn’t cover about half of her tuition and text books.  She has exhausted all avenues and options.  She does have her fair share of regrets, but she is trying to move forward and advance in her life and in her career.  She would like to have access her Montgomery GI Bill funds.

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: 040217
Discharge Received: 			   Date: 040301   Chapter: 14-12c (2)      AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: 13th Chemical Company, 2nd Chemical Battalion,   

Time Lost: Under Title 10, USC 972: (031223-031228).  Total lost time is 6 days.

Article 15s (Charges/Dates/Punishment): 020723, wrongfully used cocaine and marijuana (020407-020507); reduction to E-2, forfeiture of $619.00 per month for two months, one month suspended. (FG)

030929, failed to go to her appointed place of duty at the prescribed time x 4 (030715, 030721, 030721, and 030902), received an Oral Admonition, and 14 days extra duty. (Summarized)

040121, wrongfully used cocaine and marijuana (031114); reduction to E-1, forfeiture of $575.00 per month for two months, and 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:  17
Current ENL Date: 010514    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 09 Mos, 12 Days ?????
Total Service:  		02 Yrs, 09 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Specialist   GT: 127   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR 

V.  Post-Discharge Activity
City, State:  Boise, ID
Post Service Accomplishments: Attending college and working

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 February 2004, 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 commission of a serious offense for having two positive urinalyses (020507 and 031114), with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 10 February 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, conditionally waived her right to an administrative separation board even though she was not entitled to one, 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.  
       
       On 20 February 2004, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains a CID report, dated 10 June 2002.

       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 and the issue 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 her of service below that meriting a fully honorable discharge.  
       
       The applicant contends that she is requesting an upgrade to her discharge in order to use her Montgomery GI Bill and obtain better employment.  The analyst noted the applicant's issues; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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.
       
       Furthermore, the applicant expresses that she was young, naïve and was attempting to fit in with a new culture.  However, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age or from another country who successfully completed military service.  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.
       
       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: 11 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, DD Form 214 and a self-authored statement.

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.  

Further, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, Reentry Code as 3.  In view of the error, the Board directed that an administrative change be made to block 27, to read Reentry Code as 4, as approved by the separation authority.  















        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 1    No change 4
(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: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20120001634
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