Applicant Name: ????? Application Receipt Date: 070801 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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: 000626 Discharge Received: Date: 000720 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: 501st MP Co, APO AE 09252 Time Lost: None Article 15s (Charges/Dates/Punishment): 000621, wrongfully used methlenedioxyamphetamine (ecstasy) between (000401-000430), reduction to E-1, forfeiture of $502 (suspended), extra duty for 20 days and restriction for 20 days (FG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 7906 HOR City, State: Warren, PA Current ENL Date: 990909 Current ENL Term: 5 Years ????? Current ENL Service: 00 Yrs, 10 Mos, 12 Days ????? Total Service: 1 Yrs, 00 Mos, 06 Days ????? Previous Discharges: USAR-990715-990908/NA Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 95B10 Military Police GT: 111 EDU: HS Grad Overseas: Germany Combat: None Decorations/Awards: ASAR V. Post-Discharge Activity Post Service Accomplishments: The applicant submitted documents which shows she graduated from Edinboro University with bachelor's degree in Special Education. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 26 June 2000, 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 for wrongful use of of a controlled substance, with an honorable discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate and senior commanders reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. On 11 July 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant's record contains a CID Report of Investigation dated 8 May 2000. 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 carefully examining the applicant’s record of service during the period of enlistment under review, the issues and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of her service below that meriting a fully honorable discharge. Furthermore, the analyst noted the applicant's issue and the accomplishments outlined in her application and in the documents with her application. However, in review of the applicant’s entire service record, the analyst found that these accomplishments and supporting documents did not overcome the reason for discharge and characterization of service granted. Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. In view of the foregoing the analyst determined that the characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 July 2008 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 4 No change 1 - Character Change 0 No change 5 - 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 applicant's post service accomplishments and the time that has elapsed since her discharge, mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA 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: CHRISTINE U. MARTINSON DATE: 25 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070010689 ______________________________________________________________________ Page 1 of 5 pages