PART II - APPLICATION DATA

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

1.  Character of Discharge:  Under Other Than Honorable Conditions

2.  Date of discharge (or REFRAD):  011106

3.  Authority for separation:

	a.  Regulation:  Chapter 4, AR 600-8-24

	b.  Reason:  Misconduct and Moral or Professional Dereliction

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          MSM              C/Ach(3)
a.  Period entered for:  Indef.  Years         ARCOM(2ndAwd)    C/A
b.  Entry date:  901119                        AAM
c.  Age:  23  Years   DOB:  680115             NDSM                     
d.  Educational level:  Coll. Grad.            ASR                      
e.  Aptitude area score:                       OSR(2ndAwd)
	    GT:  NIF                               3.  Highest grade achieved:
    f.  Length of Service:                         03
          10  Year(s)  5  Month(s)  20  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:  

	Date 	Offense(s)
	
	_________________________
	010713	Letter of Reprimand-You engaged in an improper relationship with 1SG that included sexual relations between (010212 and 010312)(administrative).


7.  Court-Martial data:  NONE

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


	c.  GCM:	 
		Date   Offense(s)


8.	Remarks:  NONE


SECTION B - Prior Service Data


Other discharge(s):

	Service	From	To	Type Discharge
	USAR	900511	901118	NA





PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 30 April 2001, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction.  On 15 August 2001, the applicant voluntarily tendered her resignation from the service under the provisions of Chapter 4, AR 600-8-24, resignation in lieu of further elimination proceedings.  The chain of command recommended approval of the resignation in lieu of elimination proceedings with issuance of an under other than honorable conditions discharge.  On 6 September 2001, Major General, USA, Commanding recommended approval of the resignation in lieu of elimination proceedings with issuance of an under other than honorable conditions.  On 11 October 2001, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  

	b.  On 6 November 2001, the applicant was discharged.  At the time of discharge, the applicant had completed 10 years, 5 months, and 20 days of active military service in the period under review and had a total of 14 years, 3 months and 13 days of active military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 600-8-24 sets for the basic authority for Officer transfers and discharges.  Chapter 4 outlines the policy and procedure for the eliminating officer from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.


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 020808, with twelve (12) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE



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 9 December 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     (   ) 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 parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (2)  The issue is rejected.  The Board carefully examined the applicant’s official record during the period under review.  There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  The Board noted the applicant’s contentions; however, determined that she should have raised the issue of adequate legal representation at the time of her discharge.  In addition, the Board noted that the applicant, voluntarily and in writing, waived her right to legal representation and appearance before a board of officers.  The applicant's discharge 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 an officer.  Her misconduct diminished the quality of her service below that meriting a fully honorable or general discharge.  The Board noted the applicant's successful transition to civilian life, but found that her accomplishments did not overcome the reason for discharge and characterization of service granted.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

	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), (3), and (4)  The issues are rejected.  See response to issue (2), above.

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       1         4   

	  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:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




JOHN F. LONG    
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:  2002077807                    INDEX NUMBERS:  A9217
Date of Review:  021209                                   A9221
Character of Service:  UD                                 A0113
Date of Discharge:  011106                                
Authority:  AR 600-8-24 C4                        
Reason:  A8000                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 4-1 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. 	Mbr          X                 X