Applicant Name:  ?????

Application Receipt Date: 2012/11/13	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 of her discharge to honorable.  She desires to receive VA benefits.  She contends at the time of her discharge she was under a lot of post deployment stress, unable to cope with certain matters and she was also younger.  She further contends she has really worked hard to become an upstanding citizen and a better person.    

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: 041025
Discharge Received: 			   Date: 041117   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHC, 19th Support Center, APO AE 09096 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040929, wrongfully used marijuana (040711-040811); reduction to E-1; forfeiture of $597 pay x 2 months, extra duty for 30 days and restriction for 30 days, (FG).

040805, without authority, fail to go at the time prescribed to her appointed place of duty (040622); the continuation sheet is not contained in the available record; reduction to E-2 (suspended), forfeiture of $312 pay x 1 month (suspended), extra duty for 14 day and restriction for 14 days, (CG).

040824, the suspension of punishment of reduction to E-2 and forfeiture of $312 pay was vacated for the new offense of without authority, fail to go at the time prescribed to her appointed place of duty (040814).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 030423    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01  Yrs, 06  Mos, 25  Days ?????
Total Service:  		01  Yrs, 06  Mos, 25  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 42L10 Admin Spec   GT: 104   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Kuwait/Iraq (031016-040205)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR



V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: The applicant stated on her application she earned an Associate's Degree and working towards a Bachelor's Degree in Political Science; she is employed by the Department of Veterans Affairs.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-commission of a serious offense for wrongfully using marijuana, with a general, under honorable conditions discharge.  She was advised of her rights.
       
       On 25 October 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of her case by an administrative separation board (although she was not entitled to a board) and did not submit a statementin 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 with a general, under honorable conditions discharge. 
       
       The separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a CID Report of Investigation, in reference to the applicant's offense of wrongfully using marijuana, dated 14 September 2004.

       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, 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 concluded that the applicant’s discharge was appropriate because the quality of his 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 his service below that meriting an honorable discharge.
       
       
       The applicant desires to receive VA benefits. 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.
       
       The applicant contends at the time of her discharge she was under a lot of post deployment stress, unable to cope with certain matters and she was also younger.  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 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.  
       
       Further, 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 who successfully completed military service.
       
       The applicant also contends she has really worked hard to become an upstanding citizen and a better person.   The applicant is to be commended for her efforts.  However, this contention is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process, nor is it associated with the discharge at the time of issuance.  
       
       Furthermore, the analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  
       
       Therefore, the analyst concluded that 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: 1 April 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (121002); Handwritten Support Statement, dated (120913); two (2) Letters, Department of Veterans Affairs, dated (121002, 120920); two (2) LetterS, Doorways for Women and Families, dated (120913, 120913); Diploma, Associate's Degree, dated (111213); and a DD Form 215, dated 051110).  



 


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 Discussion and Recommendation which follows, the Board determined the discharge to be 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: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder










Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120021236
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