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ARMY | DRB | CY2003 | 2003094167
Original file (2003094167.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 020921

3. Authority for separation:

         a. Regulation: Chapter 19, AR 635-200

          b. Reason: Qualitative Management Program
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: NIF AAM
b. Entry date: 980403 AFAM
c. Age: 42 Years DOB: 551126 GCMDL
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 97 3. Highest grade achieved:
f. Length of Service: E6
4 Year(s) 5 Month(s) 19 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)
         991005   Was found drunk while on duty (990824).

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
         USAF     780821   820810   NA
         USAFR    820811   950717   NA
         USAR     970813   980402   NA



PART IV - PREHEARING REVIEW

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

 a. Evidence of record shows that on 27 July 2002, DA, US Army Reserve Personnel Command; 1 Reserve Way, St. Louis, Missouri Orders D-07-290166 discharged the applicant from the US Army Reserve/Active Guard Reserve, effective 21 September 2002. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). Her DD Form 214 indicates that she was discharged under the provisions of Chapter 19, AR 635-200; qualitative management program by reason of non-retention on active duty with a characterization of service of honorable.

         b. On 21 September 2002, the applicant was discharged. At the time of discharge, the applicant had completed 4 years, 5 months, and 19 days of active military service in the period under review and had a total of 23 years, 3 months and 16 days of active military service.

2. Legal/Regulatory Basis for Separation Action : AR 635-200, Chapter 19 Qualitative Management Program. This Chapter contains policies and procedures for voluntarily separation, for the convenience of the Government, of RA NCOS and USAR NCOs serving in AGR status, under the QMP. The service of a soldier discharged under this chapter will be characterized as honorable.
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 030309.
         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 3 September 2003 .

         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: ( ) 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 applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.
3. Response(s) to item(s) not addressed as decisional issue(s):

The Board noted that block 25 (Separation Authority) of the applicant’s DD Form 214 currently reflects “To be Determined.” The Board directs an administrative correction to block 25 of the DD Form 214 to reflect “Chapter 19, AR 635-200.”
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                                  .
         ( X )    Both proper and equitable, but reason for separation cited was an administrative/clerical error and should be changed to Chapter 19 under AR 635-200.
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

 TO: ARBA Support Division-St Louis Date: 5 September 2003

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):
( X )   Other (see remarks below).
Remarks: Administratively correct block 25 of DD Form 214 to reflect
 “Chapter 19, AR 635-200.”

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: 2003094167 INDEX NUMBERS: A9217
Date of Review: 030903 A9500
Character of Service: HD A0100
Date of Discharge: 020921
Authority: AR 635-200 C19
Reason: A0720
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    






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