Application Receipt Date: 060217 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attachments II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 050725 Discharge Received: Date: 051001 Chapter: 14 AR: 635-200 Reason: Misconduct-Abuse of illegal Drugs RE: SPD: JKK Unit/Location: HHC Company, 201st Forward Support Battalion, Frankfurt, Germany, APO, AE 09112 Time Lost: None Article 15s (Charges/Dates/Punishment): 050622, wrongfully possess 5 grams of marijuana, on or about (050505), wrongfully possessing a marijuana smoking pipe (050505) and wrongfully used marijuana on or about (050406-050506); (Field Grade) 2nd Article 15, 050429, intentionally injure herself by consuming some amount of coricidin x 2, on or about (041201-041231) and (050301-050330); (Company Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 820821 Current ENL Date: 040512 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 4 Mos, 20 Days ????? Total Service: 1 Yrs, 4 Mos, 20 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 63H10 Tracked Vehicle Mechanic GT: 105 EDU: HS Grad Overseas: Germany Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 25 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (her continuous use and possession of illegal substances), with a general, under honorable conditions discharge. On 1 September 2005, the brigade commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (her continuous use and possession of illegal substances), with an under other than honorable conditions discharge. She was advised of her rights. On 16 September 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board and 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 a general, under honorable conditions discharge. The brigade comander reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge. On 26 September 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. The applicant has a CID Report of Investigation dated 050518) in her OMPF b. Legal Basis for Separation: 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 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, but a general discharge 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 issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable or general 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. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 13 December 2006 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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, while the Board does not condone the applicant's misconduct, it determined that the characterization of service was too harsh, and as a result it is inequitable. The Board found that the circumstances surrounding the applicant's discharge mitigated the discrediting entries in her service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. Furthermore, the Board found that the narrative reason for discharge was inequitable. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct. Except for the foregoing modification to the applicant's reason for separation, the Board determined that the reason for separation was both proper and equitable. This action entails a restoration of grade to PV2/E2. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: current standards "Misconduct" under the provisions of Chapter 14, AR 635-200 Other: None RE Code: Grade Restoration: No Yes Grade: PV2/E2 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 15 December 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002489 Applicant Name: Ms. ______________________________________________________________________ Page 6 of 6 pages