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.
______________________________________________________________________
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