Applicant Name:  ?????

Application Receipt Date: 2012/01/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she is requesting an upgrade, because she feels, while in the military, she experienced all her ups and downs, battles within herself, depression and such and the military has now recognized that these issues were afflicted while in the military.  All of these things eventually caused a spiral downward at the end of her military career, i.e., drinking and a one time drug use.  She strongly believes that if she would have gotten treatment and help early on, as she requested, she could and would still be serving her country as an SFC by now.  She loves the military, proud that she served and ashamed of her actions, but feels she was an excellent Soldier and an NCO; however, because of her mental circumstances she lost track of herself. The military has now declared her 100% disabled, service connected.  She pleads to please upgrade her discharge so that even though she made the mistake her whole military career of almost seven years does not go unnoticed.

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: 040604
Discharge Received: 			   Date: 040713   Chapter: 14-12c    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: A Co, 44th Sig Bn, Mannheim, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040303, wrongfully used cocaine (031111-031121), reduced to E-4; forfeiture of $946 x 2 months; 45-day extra duty and restriction, (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 010607    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 01 Mos, 06 Days ?????
Total Service:  		06 Yrs, 10 Mos, 18 Days ?????
Previous Discharges: 	RA (970826-010606) / HD

Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 31L (Cable System Inst)   GT: 100   EDU: HS Grad   Overseas: Germany, Korea   Combat: NIF
Decorations/Awards: AAM-4; AGCM-2; NDSM; GWOTSM; KSM; NPDR; ASR

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





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 June 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 misconduct—commission of a serious offense for wrongfully using cocaine, with an under other than honorable conditions discharge.  She was advised of his rights.
       
       On 4 June 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an Administrative Separation Board contingent upon her receiving a characterization of service no less favorable than general, under honorable conditions 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 26 June 2004, the separation authority approved the conditional waiver request, 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 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 of service below that meriting a fully honorable discharge.  
       
       The applicant contends she is entitled to an upgrade of her discharge because of mitigating circumstances which contributed to her misconduct.  Specifically, she claims stress at work and family issues resulted in her discharge.  While the applicant may believe her stress at home and work was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from stress 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 her misconduct.
       
       In addition, the analyst noted the applicant’s issue about her service connected disability; as outlined in the documents with her application.  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.  Moreover, the record does not support the applicant’s medical issues, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       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: 29 June 2012         Location: Washington, D.C.
Did the Applicant Testify?  Yes     No  
Counsel: None
Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 25 January 2012; DD Form 214 for current service under review; NCOERs x 2 for period (200206-200212) and (200201-200203); recommendations for Award (AAM) x 3, dated 19 January 2000,28 December 2001, and 6 March 2002; AER, dated 14 December 2001.

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:


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 AR20120002373
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