Applicant Name:  ?????

Application Receipt Date: 2012/04/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade to her discharge to pursue higher education by utilizing the GI Bill.  She is working as a landman researching mineral, oil, and gas interests for an Energy Corporation in Ohio and hopes to continue making positive change for her future.

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: 100301
Discharge Received: 			   Date: 100420   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: E Co, 2-227th General Support Aviation Battalion, 1st Air Cavalry Brigade, Camp Taji, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100210, wrongfully possessing alcohol, wrongfully possessing a .50 caliber round of ammunition and wrongfully possessing marijuana, (100129), reduction to E-1; foreiture of $773 pay x 2 months; 45 days extra duty, 45 days restriction (FG).

091203, failure to go at the time prescribed to her appointed place of duty x 3 (090712, 091005, 091122), failure to inform her NCO on the status of her medical profile (090809), failure to obey a lawful order and failure to maintain possession of her weapon (091122), reduction to E-2; forfeiture of $ 389 x one month (suspended), 14 days extra duty, 14 days restriction (CG).

The suspension of the punishments of forfeiture of $389.00 pay for one month imposed on (091203), 14 days restriction, was vacated, effective (100205) based on the applicant's offense of wrongfully possessing alcohol, wrongfully possessing a .50 caliber round of ammunition and wrongfully possessing marijuana (100129).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 080417    Current ENL Term: 3 Years  22 weeks
Current ENL Service: 	02 Yrs, 00 Mos, 04 Days ?????
Total Service:  		02 Yrs, 00 Mos, 04 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Specialist   GT: 105   EDU: GED   Overseas: SWA   Combat: Iraq (090427-100323)
Decorations/Awards: NDSM, ICM-CS, GWOTSM, ASR, OSR, MUC






V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Employed with an Energy Corporation 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 March 2010, 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 receiving a Field Grade Article 15 on (100210), receiving a subsequent Vacation of Suspension, for two violations of General Order #1 and one violation of wrongfully possessing marijuana (100205), receiving a Company Grade Article 15, for three violations of failure to report, two violations of dereliction of duty, and one violation of disobeying a written lawful order (091203), with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 2 March 2010, the applicant waived her rights to consult with legal counsel, and submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended the applicant be retained in the United States Army. 
       
       On 18 March 2010, the separation authority 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 a careful review of all the applicant’s military records, and the issues and documents 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 her 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 about her desire to use the benefits of the GI Bill.  However, 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 analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishments outlined in the application.  However, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.
       
       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: 14 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 28 February 2012, DD Form 214, copy of resume, three letters of support.

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 characterization of service was both proper and equitable and voted to deny relief.  Further, notwithstanding the propriety of the applicant's discharge and on the basis of equity, the Board voted to change the applicant’s reason for discharge, authority, separation code, and reentry code.  The Board directed that block 25, separation authority be changed to AR 635-200, paragraph 14-12c, block 26, separation code be changed to JKQ, block 27, reentry code be changed to 3, and block 28, narrative reason for separation be changed to Misconduct (Serious Offense), as it was approved by the separation authority.   
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Misconduct (Serious Offense)
Other: Change block 25, separation authority to AR 635-200, paragraph 14-12c, block 26, separation code be changed to JKQ,.
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 AR20120007201
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