Applicant Name:  ?????

Application Receipt Date: 2012/04/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she has served for five and one-half years, and would still be serving if she was not mentally ill.  She was depending on drug/alcohol due to personal issues.  She asks the Board to please be lenient and accept her request for an upgrade, as it would be an honor to achieve it in her life.  Other factors would be that she served her first term enlistment with an honorable discharge.  She would like to have an honorable service on her DD Form 214.  She was an E-4 promotable.  She volunteered in numerous programs and was a very good Soldier; however, she hit a difficult time in her life.  She is currently at 60% rating for her PTSD.  She has been using the veterans' program for rehabilitation and more.

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: 100817
Discharge Received: 			   Date: 100909   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 119th Transportation Company, 11th Transportation Battalion, Fort Story, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100120, willfully and unlawfully alter a public record (091229), reduced to E-3 (suspended); forfeiture of $434; 14-day extra duty (suspended), (CG)

100517, wrongfully used marijuana (100210-100311), reduced to E-2; forfeiture of $811 (suspended); 45-day extra duty, (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 081030    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 10 Mos, 10 Days ?????
Total Service:  		05 Yrs, 00 Mos, 09 Days ?????
Previous Discharges: 	RA (050901-081029) / HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91B (Wheeled Vehicle Mech)   GT: 99   EDU: HS Grad   Overseas: Germany   Combat: NIF
Decorations/Awards: AAM; AGCM; NDSM; GWOTSM; ASR; OSR

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 or about 26 July 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—for having wrongfully used marijuana x 2 (100406-100506) and (100210-100311); willfully and unlawfully altered a public record, to wit: DA Form 705, Army Physical Fitness Test Scorecard, with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 29 July 2010, the applicant consulted with 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 17 August 2010, 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 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 analyst acknowledges the applicant's in service accomplishments as stated in her application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  
       
       Furthermore, the analyst acknowledges the applicant's successful transition to civilian life and noted the diagnosis of PTSD outlined in the document 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.  The record shows that on 6 May 2010, the applicant underwent a mental evaluation which indicates that she was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  The analyst concluded that just because the applicant suffers from PTSD does not mean she doesn't know the difference between right and wrong or that she did not have control over her behavior.  There are many Soldiers with the same condition that complete their service successfully.  
       
       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 6 April 2012; VA decision paperwork, undated; DD Form 214, dated 9 September 2009

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 AR20120007594
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