IN THE CASE OF:  	Ms.

      BOARD DATE:  	19 June 2013

      CASE NUMBER:  	AR20130002397
___________________________________________________________________________

Board Determination and Directed Action

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.




      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of her discharge characterization from general, under honorable conditions to honorable.  

2.  The applicant states, in effect, she would like to rejoin the Armed Forces.  She entered the Army with great intentions and although she lost her grandmother she went on to become a distinguished honor graduate in AIT.  After being assigned to Fort Bragg, she linked up with a bad crowd; after getting her first Article 15 and given a second chance, she collapsed due to peer pressure.  She was young at the time but understands she was responsible for her actions.  After leaving the Army, she married, later divorced and has two beautiful daughters.  She completed a Licensed Practical Nursing Program in 2008 and became a registered nurse in 2010.  She is currently enrolled in a bachelors’ program.  She works as a registered nurse at a Veterans Hospital and feels good about being a role model and giving back to society.  She would like to be able to rejoin the Army with her stepson and complete the obligation she feels she still owes.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 January 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			6 November 2003
d. Reason/Authority/SPD/RE:		Misconduct, AR 635-200, 14-12c, JKQ, RE-3        
e. Unit of assignment:			E Company, 782d DISCOM, Fort Bragg, NC
f. Enlistment Date/Term:		31 May 2001, 4 years 
g. Current Enlistment Service:	2 years, 5 months, 6 days
h. Total Service:			2 years, 5 months, 6 days
i. Time Lost:				None
j. Previous Discharges:		None 
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	92A1P, Automated Logistics Specialist
m. GT Score:				96
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No


SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 31 May 2001, for a period of 4 years.  She was 18 years old at the time and was a high school graduate.  When her discharge proceedings were initiated she was serving at Fort Bragg, NC.  Her record does not contain any meritorious achievements or acts of valor.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 26 September 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct-commission of serious offenses, specifically for:

      a. Received a Field Grade Article 15 on 24 July 2003, for wrongfully using marijuana
b. Received a Company Grade Article 15 on 6 May 2003, for leaving her place of duty-left of extra duty.
c. Received a Field Grade Article 15 on 13 March 2002, for wrongfully using marijuana

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights.  

3.  On 26 September 2003, the applicant waived legal counsel, was advised of the impact of the discharge action and did not submit a statement on her 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.  

4.  The separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant was discharged on 6 November 2003, for misconduct, under the provisions of AR 635-200, paragraph 14-12c, with an SPD code of JKQ and a RE code of 3.

6.  The service record does not contain any indication of lost time.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A Field Grade Article 15 issued on 13 March 2002, for wrongful use of marijuana (020120-020219).  Her punishment consisted of reduction to E-1, forfeiture of pay in the amount of $551.00 per month for 2 months (suspended), and 45 days of extra duty.

2.  A Field Grade Article 15 issued on 24 July 2003, for wrongful use of marijuana (030610-030710).  Her punishment consisted of reduction to E-1, forfeiture of pay in the amount of $575.00 per month for 2 months, and 45 days of extra duty.

3.  A Company Grade Article 15, issued on 28 August 2003, for leaving her place of duty without authority (030817).  Her punishment consisted of a forfeiture of pay in the amount of $269.00 (suspended), and 7 days of extra duty.

4.  Two negative counseling statements dated 21 August 2003 and 5 March 2002, for leaving her place of duty without proper authority and wrongfully using marijuana.

5.  Two positive urinalyses dated 10 July 2003 and 19 February 2002 which were code as IU (Inspection Unit) and that were both positive for marijuana.

EVIDENCE SUBMITTED BY THE APPLICANT 

On online application, a Certificate of Achievement, and a copy of 3 Article 15s.

POST-SERVICE ACTIVITY: 

The applicant became a Registered Nurse in 2010, is now working at the Veterans Administration, and is pursuing a bachelor’s degree.

REGULATORY AUTHORITY

1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 being absent 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.   

2.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.



DISCUSSION AND RECOMMENDATION:

1. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s service record, the documents, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  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 her service below that meriting an honorable discharge.  The applicant’s record of service was marred by 3 Article 15s, and two 2 negative counseling statements for multiple violations of the Uniform Code of Military Justice.

3.  The applicant contends that she was young at the time and succumbed to the pressure from her peers.  However, the record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  Moreover, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the repeated incidents of misconduct which led to the separation action under review.  

4.  The applicant contends that since leaving the Army she has become a registered nurse and is working at the Veterans Administration.  The applicant’s post-service accomplishments have been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

5.  The applicant desires to rejoin the Army and complete the obligation she feels she still owes.  However, she was appropriately assigned a reentry code of 3.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine her eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

6.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 






SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	    Date:  19 June 2013	Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: 			None

Witnesses/Observers: 	NA

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA



















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	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR 20130002397

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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