Application Receipt Date: 060626 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with three (3) 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: NIF Discharge Received: Date: 060315 Chapter: 9 AR: 635-200 Reason: Drug Rehabilitation Failure RE: SPD: JPC Unit/Location: 297th Transportation Company, 2nd Chemical Battalion, Fort Hood, TX 76544 Time Lost: None Article 15s (Charges/Dates/Punishment): 060120, Wrongfully used cocaine (051129), (Field Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 791121 Current ENL Date: Reenl/040505 Current ENL Term: 5 Years ????? Current ENL Service: 1 Yrs, 10 Mos, 11 Days ????? Total Service: 3 Yrs, 11 Mos, 7 Days ????? Previous Discharges: RA-020409-040504/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 63B10 Wheeled Vehicle Mechanic GT: 88 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (030603-031030) Decorations/Awards: NDSM, GWOTSM, ASR, OSR, Iraq Campaign Mdl 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 31 January 2006, the unit commander in consultation with the Clinical Director/Substance Abuse Rehabilitation Department (SARD) declared the applicant a rehabilitation failure. The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation failure, 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. The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant has a Military Police Report dated (051022) in her Official Military Personnel File. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. However, an honorable discharge is required if restricted use information is used in the discharge process). c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, the issue and documents she submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. The analyst does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the applicant's misconduct was mitigated by service of sufficient length, to include her combat service and the circumstances surrounding the discharge to warrant an upgrade of the discharge being reviewed. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 30 May 2007 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, the Board determined that the characterization of service was too harsh and as a result, it is inequitable. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. 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: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009202 Applicant Name: Ms. ______________________________________________________________________ Page 6 of 6 pages