Application Receipt Date: 061027	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's DD Form 293 and attached documents.

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: 940526   
Chapter: 16-8    AR: 635-200
Reason: Reduction In Force
RE:     SPD: LCC
Unit/Location: HHC, 4th Psychological Operations Group (Airborne), Fort Bragg, NC 28307 

Time Lost: AWOL-42 days from (940110 until 940221), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 940404-Absented herself from her place of duty at which she was required to be, to wit:  Fayetteville State University, from (940110 until 940222), with intent to deceive, make to a Major, an official statement, to wit:  she attended Fayetteville State University, from (941010 until 940223), which statement was false, (940310), and with intent to deceive, make to a 1SG an official statement, to wit:  she was pregnant and has a properly authorized profile, which statement was false, (930823), the applicant was reduced to the grade of PFC/E3.  

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB: 
Current ENL Date: 891002    Current ENL Term: 4 Years       
Current ENL Service: 04  Yrs, 06 Mos, 12 Days      
Total Service:  04  Yrs, 06 Mos, 12 Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 71L10 Administrative Specialist   GT: 95   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AAM (2), AGCM, NDSM, ASR, OSR  
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: The applicant received an honorable discharge from the United States Army Reserve.  The applicant submitted a document which show she received the Achievement Medal for civilian service, she states being a GS-4 civilian employee at the William Beaumont Army Medical Center. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The complete facts and circumstances pertaining to the applicant's discharge from the Army are not contained in the available records.  However; evidence of record shows that on 6 April 1994, the Command Staff Judge Advocate, requested authority to separate the applicant under the provisions of AR 635-200, Chapter 14, paragraph 14-12c.  The applicant received a Company Grade Article 15, was reduced to PFC/E3, for making two false official statements and not being at her appointed place of duty.  The applicant exceeded her Retention Control Point (RCP), and the command requested that she be separated from the service for the commission of a serious offense rather than exceeding her RCP.  The applicant's election of rights are not contained in the available record and the analyst presumed Government regularity in the discharge process.  On 18 April 1994, the Chief Enlisted Separations and Appeals Branch, disapproved the request and directed that the applicant be separated immediately with a characterization of service of general, under honorable conditions.  On 5 May 1994, 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 record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant.  Her DD Form 214 indicates that she was discharged under the provisions of Chapter 16-8, AR 635-200, by reason of reduction in force, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of LCC (i.e., reduction in force), with a reenlistment eligibility (RE) Code of "3."  On 11 May 1994, DA, HQ, XVIII Airborne Corps and Fort Bragg, NC, Orders 113-114, discharged the applicant from the Regular Army, effective date:  26 May 1994 and assigned her the United States Army Resrve Control Group (Reinforcements), to complete her statuatory obligation. 
      
      The applicant has a Commander's Inquiry dated 16 March 1994, in her official Military Personnel File. 

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 16-8 of this regulation sets forth the requirements for early separation of enlisted personnel due to reduction in force, strength limitations, or budgetary constraints.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable unless an entry level separation is required by Chapter 3, section III.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant's available military records for the period of enlistment under review, the issue and documents she submitted, the analyst determined that the characterization of service was improper, and recommends to grant relief in the form of an upgrade of the characterization of service to fully honorable.   Army Regulation 635-200, Chapter 16, paragraph 16-8, states that the service of members separated per this paragraph will be characterized as honorable unless an entry level separation is required by Chapter 3, section III.  In the absence of information to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  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: 13 December 2007              
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 5    No change 0   - 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  characterization of service was improper.  Accordingly, the Board voted to grant partial 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 both proper and equitable and voted not to change it. 

Case report reviewed and verified by: , Examiner									        
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: 17 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE