RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 OCTOBER 2005
      DOCKET NUMBER:  AR20050001949


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |MR, John N. Slone                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests to have the Narrative Reason for separation on
her DD Form 214 (Certificate of Release or Discharge From Active Duty)
changed.

2.  The applicant states, in effect that there was no evidence collected to
support her discharge for misconduct under Chapter 14, with a general under
honorable conditions character of service.  She further states, that the
Army Discharge Review Board granted her partial relief and issued her a new
DD Form 214, reflecting her character of service as honorable, and she now
would like to have,
Item 28, Narrative Reason for Separation changed.

3.  The applicant provides a Memorandum from the American Legion dated
12 January 2005; two DD Form 214's; letter from Army Discharge Review
Board, dated 5 November 2004; Self-Authored letter, undated.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted into the Regular Army and
entered active duty on 5 January 1998.  She was trained in and awarded
military occupational specialty (MOS) 27D (Legal Assistant).

2.  The applicant’s record shows that during her tenure on active duty, she
earned the Army Good Conduct Medal; National Defense Service Medal; and
Army Service Ribbon.  Her record documents no acts of valor, significant
achievement or service warranting special recognition.

3.  On 12 December 2002, the unit commander notified the applicant he was
initiating separation action on her under the provisions of chapter 14,
Army Regulation 635-200, by reason of commission of a serious offense
(adultery).  The unit commander cited the applicant's disobeying a lawful
order to cooperate fully and answer truthfully in an investigation, making
false official statements, and committing adultery.

4.  The applicant was advised of her rights for separation under Chapter 14
and refused to sign the notification of separation action and the required
election of rights memorandum.

5.  On 20 December 2002, the separation authority approved the applicant’s
separation and directed she receive a General, under honorable conditions
discharge.  On 27 December 2002, the applicant was discharged accordingly.
The separation document (DD Form 214) she was issued at the time confirms
she was separated under the provisions of paragraph 14-12d, Army Regulation
635-200, by reason of misconduct (adultery) after completing a total of 4
years,
11 months and 23 days of active military service.

6.  On 1 November 2004, the Army Discharge Review Board reviewed the
applicant's application for change to her DD 214 Item 24 Character of
Service and Item 28 Narrative Reason for Separation.  The Board found that
the applicant's misconduct was mitigated by the circumstances surrounding
the events that led to her discharge, the overall length and quality of her
service, and the fact that the applicant's service record contained no
other derogatory information.  The Board found the characterization of
service to be inequitable and voted to upgrade the characterization of
service to honorable but found that the reason for discharge was both
proper and equitable, and denied the applicant's request on that issue.

7.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 of the regulation deals with
separation for various types of misconduct, which includes drug abuse, and
provides that individuals identified as drug abusers may be separated prior
to their normal expiration of term of service.  The issuance of a discharge
under other than honorable conditions is normally considered appropriate;
however, a GD or HD may be authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that there was no evidence collected to
support her being discharged under Chapter 14, with a GD and that she was
granted partial relief from the ADRB to upgrade her characterization of
service was carefully considered.  However, there is an insufficient
evidentiary basis to support granting the requested relief.

2.  The evidence of record confirms the applicant’s separation processing
was accomplished in accordance with the applicable regulation.  All
requirements of law and regulation were met and the rights of the applicant
were fully protected throughout the separation process.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy the aforementioned requirement.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JNS__  __LDS__  __KWL __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.




                                  _____John N. Slone ______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001949                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-10-18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2002/12/27                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Chapter 14 (adultery)                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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