Forfeiture: A Case Study

The applicant requests an upgrade of her general, under honorable conditions discharge to honorable. The applicant states, in effect, she was afraid for her safety because the NCO she reported for sexual harassment lived a mile away and he had anger issues. She was stressing out with minor depression, uncomfortable at work, and frustrated with the command. The applicant contends she seek assistance from the Army one source program. She contends this was very trying time for her and she smoked marijuana with friends on her birthday. She tested positive for marijuana during a unit sweep (UA). She received 30 days extra duty and was discharged from the Army. She contends her discharge was unjust because other Soldiers tested positive, received
Overseas Service/Combat Service: None

f. Awards and Decorations: ARCOM, AAM-5, AGCM, NDSM, GWTSM, NCOPR, ASR

g. Performance Ratings: N/A

h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 2 May 2014, for wrongfully using marijuana a schedule I controlled substance between on or about 21 December 2013 and 21 January 2014. The punishment consisted of reduction to E-4, forfeiture of $1,164.00 pay, suspended to be automatically remitted if not vacated before 29 October 2014, and 30 days extra duty.

DD Form 2624 (Specimen Custody Document – Drug Testing), dated 21 January 2014, reflects the applicant’s urine sample tested positive for marijuana.

DA Form 4856 (Developmental Counseling Form), dated 28 April 2014, notification of enrollment into the Army Substances Abuse Program.

DA Form 3822 (Report of Mental Status Evaluation), dated 20 May 2014, states an Axis I occupational problem; and reflects the applicant had a clear and normal thought process and was mentally responsible.

i. Lost Time: None

j. Diagnosed PTSD/TBI/Behavioral Health: None

5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 5 May 2015 and DD Form 214, dated 18 July 2014.

6. POST SERVICE ACCOMPLISHMENTS: The applicant states in her application his is attending