Applicant Name: ????? Application Receipt Date: 2011/09/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she failed a urinalysis December 2009 and was not enrolled in the Army Substance Abuse Program (ASAP) until June 7, 2010. She asked her squad leader and commander to enroll her because she could no longer self refer herself and her commander did not enroll her at the time of her Article 15 reading. She further states that her commander was told to enroll her in the program by the CSM but no action was taken for her enrollment and she had to submit to countless drug test without getting any type of help. 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: 101022 Discharge Received: Date: 110228 Chapter: 14-12c (2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: HQ & HQ Company, 2nd Battalion, 12th Cavalry Regiment (Rear) (Provisional), 4th Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX Time Lost: AWOL x 2 (100317-100629) for 103 days, surrendered; AWOL (100108-100118) for 11 days, mode of return is unknown. Total time lost was 114 days. Article 15s (Charges/Dates/Punishment): 100701, wrongfully used marijuana between (100102-100202), forfeiture of $723.00 pay per month for 2 months, extra duty and restriction for 45 days (FG) 101021, AWOL (100317-100629), AWOL (100818-100922), disobeyed a lawful order from SGT, a noncommissioned officcer (091204), forfeiture of $723.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (110101), extra duty and restriction for 45 days (FG) 100204, wrongfully used marijuana between (091101-091201), AWOL (100108-100119), reduction to Private (E-1), forfeiture of $723.00 pay per month for 2 months, extra duty and restriction for 45 days, suspended, to be automatically remitted if not vacated before (100504), (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 17 Current ENL Date: 060628 Current ENL Term: 5 Years 23 weeks Current ENL Service: 4 Yrs, 4 Mos, 10 Days ????? Total Service: 4 Yrs, 4 Mos, 10 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 91J10 Quartermaster Chemical Equip Rep GT: 110 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (080611-090915) Decorations/Awards: ARCOM, NDSM, GWOTSM, ICMDLw/2 CS, 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 12 October 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that she tested positive for marijuana on three separate occasions; went AWOL on two separate occasions; failed to report to her appointed place of duty on numerous occasions and disobeyed a lawful order from a noncommissioned officer. The unit commander recommended separation with an under other than honorable conditions discharge. She was advised of her rights. On 22 October 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by administrative separation board contingent upon her receiving a characterization of service no less favorable than a general, under honorable conditions discharge and requested a personal appearance before an administrative separation board. The applicant did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. The separation approving authority disapproved the applicant's conditional waiver and referred the case to an administrative separation board. On 10 December 2010, the applicant was notified to appear before an administrative separation board and advised of her rights. On 14 December 2010, the administrative separation board met; the applicant appeared with counsel. The board recommended separation from the Army with an under other than honorable conditions discharge. On 10 February 2011, the separation authority waived further rehabilitative efforts; approved the findings and recommendations of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable. 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 available military records, the issue and documents submitted with the application, the analyst found several mitigating factors which would merit an upgrade of the applicant's characterization of service to general, under honorable conditions. The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the overall length and quality of the applicant's service to include the applicant's combat service and the medical circumstances surrounding the discharge mitigated the discrediting entries in her service record. Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to general, under honorable conditions. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 March 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 3 September 2011, self authored statement in reference to her issues, character reference letter dated 4 February 2010, memorandum from her defense counsel in reference to the limited use policy dated 18 December 2010, copy of a testimony from a SGT, DA Form 7098 dated 9 July 2010, Army Substance Abuse Program (ASAP) Enrollment Form, DA Form 4856 dated 30 October 2009. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding 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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change XI. Certification Signature Approval Authority: EDGAR J. YANGER 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 AR20110018444 ______________________________________________________________________________ Page 2 of 3 pages