Application Receipt Date: 061103 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: 040120 Discharge Received: Date: 040218 Chapter: 7 AR: 635-200 Reason: Fraudulent Entry RE: SPD: JDA Unit/Location: HQ and HQ Co, 24th CSG 3ID Fort Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): NA Court-Martials (Charges/Dates/Punishment): NA Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 800305 Current ENL Date: 031028 Current ENL Term: 3 Years Current ENL Service: 00 Yrs, 03Mos, 21Days Total Service: 02 Yrs, 01Mos, 05Days Previous Discharges: RA 001102-020815/HD Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Specialist GT: 104 EDU: GED Cert Overseas: Korea Combat: None Decorations/Awards: ARCOM, NDSM, ASR, OSR, 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 20 January 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 635-200, by reason of fraudulent entry, by having a minor dependant, which she had custody of by court order, the applicant arranged for temporary care of the child with the intent to regain custody at her duty station, with an general, under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, and 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. On 02 February 2004, 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 7, Section V, paragraph 7-17 establishes policy and prescribes procedures for separating members for fraudulent entry. Fraudulent entry is the procurement of an enlistment, reenlistment, or period of active service through any deliberate material misrepresentation, omission, or concealment of information which, if known and considered by the Army at the time of enlistment or reenlistment might have resulted in rejection. This includes all disqualifying information requiring a waiver. 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 applicant violated the terms of her reenlistment contract by failing to provide appropriate custody of her child. In doing so, 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. Therefore, the analyst determined that the 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: 071205 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 0 No change 5 - 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, hearing his testimony 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: Earl Silver, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA 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: 071207 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060015487 Applicant Name: Ms. ______________________________________________________________________ Page 1 of 5 pages