Applicant Name:  ?????

Application Receipt Date: 2012/03/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I feel that my young age and being raised in a small community cause me to make bad decision only after breaking my ankle while in training at Fort Drum.  I since have gradated as a cosmetologist and employed at a spa & solon.  It has always weighted heavy on my heart that I made bad choices while in the Army.  I have matured and realize what an injustice I did by smoking marijuana.  I would like to add that if the Army Review Board would choose to change my military discharge, I would like to re-enlist to prove that I can be a model Soldier and to serve my country and my fellow American.  I am also interested in joining our local VFW as a member to assist the vets in saving their building."

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: 070116
Discharge Received: 			   Date: 070213   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 514th OD Team, Fot Drum, NY 

Time Lost: AWOL x 1 for 40 days (061129-070107), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 060426, Failure to go at the time prescribed to her appointed place of duty (060407), disrespectful in language and deportment towards a noncommissioned officer (060407) and underage drinking between (060406 and 060407), reduction to E1 (suspended); forfeiture of $297.00 (suspended); extra duty for 14 days; restriction for 14 days; and oral reprimand, (CG).

060620, Suspension of punishment of reduction to E1 and forfeiture of $297.00 was vacated for underage drinking (060609).

060718, Failure to go at the time prescribed to her appointed place of duty (060609), underage drinking between (060608 and 060609), and making a false statement to a noncommissioned officer (060609), forfeiture of $297.00; extra duty for 14 days; restriction for 14 days; and oral reprimand, (CG).

060920, Wrongful use of marijuana between (060721 and 060821), underage drinking between (060731 and 060801), and failure to go at the time prescribed to her appointed place of duty (060801), forfeiture of $636.00 per month for 2 months; extra duty for 45 days; and restriction for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): 061115, SCM, Wrongful use of marijuana between (060815 and 060915), breaking restriction between (060922 and 060923), and failing to go at the time prescribed to her appointed place of duty (060926 and 060927), confinement for 14 days and forfeiture of $849.00.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 050916    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 03  Mos, 18  Days The DD Form 214 under review does not account for the applicant's period of AWOL (061129-070107). Due to the applicant's period of AWOL the Current ENL Service should read; 01 yrs, 03 mos, and 18 days.

Total Service:  		01 Yrs, 03  Mos, 18  Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Logistical Specialist   GT: 87   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states that since her discharge she has graduated as a cosmetologist and is employed at a spa & salon.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 January 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 failure to go at the time prescribed to her appointed place of duty, under age drinking, and being disrespectful in language and deportment to an NCO (060407) and received a Company Grade Article 15 for (060425); failing to go at the time prescribed to her appointed place of duty, underage drinking, and making a false official statement to an noncommissioned officer (060609), for which she received a Company Grade Article 15; wrongful use of marijuana between (060721 and 060821), underage drinking between (060731 and 060801), failing to go to her appointed place of duty (060724 and 060801), willfully disobeyed an noncommissioned officer (060724), and breaking restriction between (060721 and 060722), for which she received a Field Grade Article 15 (060919); using marijuana between (060815 and 060915), breaking restriction again between (060922 and 060923), failing to go to at the time prescribed to her appointed place of duty (060926 and 060927), for which she received a Summary Court Martial (061115); and for stealing the ATM card belonging to another Soldier and taking about $101.75 from her account; and for going AWOL (061129-070108), with an under other than honorable conditions discharge. She was advised of her rights.
       
       On 18 January 2007, the applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation Board, 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 an under other than honorable conditions discharge. 
       
       On 8 February 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.
       
       The applicant's record contain a Military Police Report, dated 5 August 2006 and 9 November 2006.

       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 during the period of enlistment under review and the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
       
       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.  By her misconduct, the applicant diminished the quality of her 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.  
       
       Furthermore, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       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 non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       The analyst noted the applicant's issue about her desire to rejoin the Service.  However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       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: 3 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Document from the [redacted] State Board of Hairdressers and Cosmetologists, dated 19 January 2012, 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:




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 AR20120005072
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