Application Receipt Date: 060322 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and supporting documents. 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: 050301 Discharge Received: Date: 050321 Chapter: 14 AR: 635-200 Reason: Misconduct-Abuse Of Illegal Drugs RE: SPD: JKK Unit/Location: Fort Polk, LA Time Lost: None Article 15s (Charges/Dates/Punishment): 050113-wrongfully distribute percocet, (FG.) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 800701 Current ENL Date: 040107 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 2 Mos, 15 Days ????? Total Service: 1 Yrs, 2 Mos, 15 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 42A10 Human Resources Spec GT: 91 EDU: GED Overseas: None 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 1 March 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—commission of a serious offense (wrongfully distributed percocet), with a general under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 separation authority waived further rehabilitative efforts and directed the applicant be discharged 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 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, to include abuse of illegal drugs, conviction 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 analysis of the applicant’s military record of service during the period of enlistment now under review and the independent evidence she submitted, the analyst recommends that relief be denied in this case. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offense. The applicant’s contentions are noted; however, said contentions are not found to be sufficiently mitigating to warrant an upgrade of the discharge under review. 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 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. Accordingly, the applicant's narrative reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 060807 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: Yes Exhibits Submitted: None 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, hearing her testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable based on circumstances surrounding the discharge mitigated the discrediting entry in her service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to "1." Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Change Characterization to: Change Reason to: Secretarial Authority Other: Issue new DD Form 214 RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 060811 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004114 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages