Application Receipt Date: 061121 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: 041221 Discharge Received: Date: 050120 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: C Company, 311th Brigade Troops Battalion, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault), Fort Campbell, KY 42223-5000 Time Lost: The 1st SG Memorandum for Record, dated 29 December 2004 indicates the applicant was AWOL for 3 days from 27 December 2004 to 29 December 2004. However, the DD Form 214 item 29, (Time Lost) does not reflect this period of AWOL. Article 15s (Charges/Dates/Punishment): 040929, wrongfully used marijuana on or about (7 August 2004 to on or about 7 September 2004), (Field Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 750102 Current ENL Date: 031124 Current ENL Term: 6 Years ????? Current ENL Service: 1 Yrs, 1 Mos, 27 Days ????? Total Service: 1 Yrs, 1 Mos, 27 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 74D10 Chemical Operations Specialist GT: 99 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 with attachments VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 21 December 2004, 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/abuse of illegal drugs (on 17 September 2004 you tested positive for marijuana, for which you received a Field Grade Article 15), with a general, under honorable conditions discharge. She was advised of her rights. The applicant was scheduled to consult with legal counsel, however, she missed her appointment with legal counsel, due to her going AWOL from 27 December 2004 to 29 December 2004, (See Memorandum For Record dated 29 December 2004). 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. On 5 January 2005, the separation authority waived further rehabilitative efforts and directed that 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, 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 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. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment. 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: 15 March 2007 Location: Dallas, Texas Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None 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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief. 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: 28 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060016207 Applicant Name: Ms. ______________________________________________________________________ Page 6 of 6 pages