PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  General, Under Honorable Conditions

2.  Date of discharge (or REFRAD):  930105

3.  Authority for separation:

	a.  Regulation:  Chapter 3-49, AR 635-100

	b.  Reason:  Failure to Meet Minimum Standards of Retention

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ARCOM                      
a.  Period entered for:  Indefinite            NDSM
b.  Entry date:  830425                        ASR
c.  Age:  24  Years   DOB:  581019             OSR                        
d.  Educational level:  Coll. Grad                                        
e.  Aptitude area score:
	    GT:  NIF                               3.  Highest grade achieved:
    f.  Length of Service:                         03
          9  Year(s)  8  Month(s)  11  Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   See OMPF
                                                 

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              


6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)
	


7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)
                     
	
	b.  SPCM:  
		Date   Offense(s)


	c.  GCM:	 
		Date   Offense(s)


8.	Remarks:  Applicant has a CID Report of investigation.  NIF


SECTION B - Prior Service Data
NONE

Other discharge(s):

	Service	From	To	Type Discharge






PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  Evidence of record shows that on 15 July 1992, the applicant was notified by CDR, DA PERSCOM, that her records were selected for referral to the Department of the Army Active Duty Board (DAADB) for consideration of involuntary release from active duty under the provisions of Chapter 3-49, AR 635-100, by reason of misconduct, moral or professional dereliction.  She was advised of her right to submit written material to the board for consideration.  On 2 November 1992, the applicant was notified by the DAADB that she had been selected for involuntary release from active duty.  On 5 January 1993, the applicant was released from active duty under the provisions of Chapter 3, AR 635-100, by reason of failure to meet minimum standards for retention with a characterization of service of general, under honorable conditions.  

	b.  On 5 January 1993, the applicant was released from active duty.  At the time of release, the applicant had completed 9 years, 8 months, and 11 days of active military service in the period under review.  

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-100 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3-49 established policy and prescribed procedures for involuntarily release of non-regular commissioned and warrant officers from active duty on the recommendation of the DAADB for misconduct, moral or professional dereliction and/or when their degree of efficiency and manner of performance or the needs of the service required such action.  An individual’s service was normally characterized as under honorable conditions or under other than honorable conditions when a determination was made by a DAADB for officers being released from active duty because of misconduct, moral or professional dereliction.


SECTION B-APPLICANT’S SUBMISSIONS


1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 020104, with five (5) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE
	C-1:  DD Form 149, dated 011009.


PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor      ( ) Legal Advisor



      a.  Medical prehearing comments (if applicable):


      b.  Legal prehearing comments (if applicable):











PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:


	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington, DC on 13 March 2002.

	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

	b.  Request:  ( X ) Recharacterization     ( X ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1-8)  The issues are rejected.  These issues are not a matter on which the Army Discharge Review Board grants a change in discharge because they raise no matter of fact, law, procedure, or discretion relating to the discharge process nor are they associated with the discharge at the time of issuance.

        (9)  The issue is rejected.  The Board carefully examined the applicant’s record of service during the period under review.  The evidence of record shows that the applicant was selected by the Department of the Army Active Duty Board (DAADB) for involuntary release from active duty under the provisions of Chapter 3-49, AR 635-100, by reason of misconduct, moral or professional dereliction.  It appears that the DAADB’s decision rested on the applicant’s CID investigation for soliciting another to commit an offense, misuse of her mailing privilege, mail fraud, trading in products with false marks, and making a false official statement.  This investigation resulted in the loss of her security clearance.  The applicant's release from active duty was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE


PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .

	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                       
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:


GERARD W. SCHWARTZ
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




EARNEST C. SMITH, JR.    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2002067454                    INDEX NUMBERS:  A9217
Date of Review:  020313                                   A9235
Character of Service:  GD                                 A0113
Date of Discharge:  930105                                
Authority:  AR 635-100 C3                         
Reason:  A8000                                          
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               














PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. 	Mbr          X                 X       

    2. 	Mbr          X                 X       

    3. 	Mbr          X                 X       

    4. 	Mbr          X                 X       

    5. 	PO           X                 X