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):  020613

3.  Authority for separation:

      a.  Regulation:  Chapter 14, AR 635-200

      b.  Reason:  Misconduct

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           NDSM
    a.  Period entered for:  NIF                   ASR
    b.  Entry date:  000726
    c.  Age:  26 Years   DOB:  740219
    d.  Educational level:  13 Years
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          1 Years  10 Months  17 Days

                                               4.  Performance evaluations:

                                                   NONE

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

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         020401-020401

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      000701     Unauthorized absence (NIF)(Field Grade)

_________________________________

      020222     GOMOR for driving while under the influence of alcohol and
failing
              to submit to a State administered chemical test.


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  991019     000725     NA




                         PART IV - PREHEARING REVIEW

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

      a.  The complete facts and circumstances leading to the applicant’s
discharge are not contained in the available records.  Evidence of record
shows that on 2 April 2002, the unit commander notified the applicant of
initiation of separation action under the provisions of Chapter l4, AR 635-
200, by reason of misconduct—pattern of misconduct, with a general, under
honorable conditions discharge.  Her misconduct included wrongful use of
cocaine, late for formation, DUI, drunk and disorderly conduct, failure to
submit to a breathalyzer test, and unlicensed driver.  She was advised of
her rights.  On 1 May 2002, the applicant consulted with legal counsel, was
advised of the impact of the discharge action, and submitted a statement in
her own behalf.  The record contains a properly constituted DD Form 214
(Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant’s signature.  Her DD Form 214 indicates that
she was discharged under the provisions of Chapter 14, AR 635-200 by reason
of misconduct, with a characterization of service of general, under
honorable conditions.  Furthermore, the DD Form 214 shows a separation code
of JKA (i.e., misconduct-pattern of misconduct).

      b.  On 13 June 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 10 months, and 17 days of
active military service and accrued 1 day of lost time in the period under
review.

2.  Legal/Regulatory Basis for Separation Action:

Army Regulation 635-200 sets forth the basic authority for the separation
of enlisted personnel.  Chapter l4 establishes policy and prescribes
procedures for separating members for misconduct.  Specific categories
include minor disciplinary infractions, a pattern of misconduct, commission
of a serious offense, to include abuse of illegal drugs, convictions by
civil authorities and desertion or absence without leave.  Action will be
taken to separate a member for misconduct when it is clearly established
that rehabilitation is impractical or unlikely to succeed.  Army policy
states that an under other than honorable conditions discharge is normally
considered appropriate, but a general discharge under honorable conditions
or an honorable discharge may be granted.


                      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 030110, with 35 enclosures.
      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:  Dallas, TX on 25 March 2004.

      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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (2)  The characterization of service was too harsh.

      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.

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 There was a full consideration of all faithful and honorable service as
well as the infractions of discipline, the extent thereof, and the
seriousness of the offenses.  Notwithstanding the applicant’s claims
regarding an alleged rape and the subsequent associated post-traumatic
stress disorder, the Board was unable to substantiate these claims due to
the conflicting reports in the official record.  However, the Board noted
that the applicant was diagnosed with a severe personality disorder, which
placed her at high risk for continued delinquent behaviors and rendered her
unable to maintain standards for military duty.  She was recommended for
expeditious administrative separation due to her personality disorder and
her dysfunctional response to stress.  Given the above factors, the Board
determined that her official records contain sufficient evidence to
mitigate the characterization of service granted.  Accordingly, the Board
voted to grant partial relief in the form of an upgrade of characterization
of service to fully honorable.  The Board found that the reason of
discharge was both proper and equitable, and voted not to change it.

        (1)  The issue is rejected.  The applicant’s request pertaining to
changing her narrative reason for separation to medical does not fall
within the purview of this Board.  If the applicant still desires to pursue
this matter she should address it with the Army Board for Correction of
Military Records using the provided application.

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                      .

      (   ) Equitable.
      ( X ) Inequitable as to characterization.  Change characterization to
           Honorable.
      (   ) 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       5         0

        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:  2 April 2004

     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 ) Change characterization of discharge to Honorable.

                          SECTION B - CERTIFICATION

Approval Authority:


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

Official:




MARY E. SHAW
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:  2003084155                    INDEX NUMBERS:  A9406
Date of Review:  040325                                   A9324
Character of Service:  GD                                 A0100
Date of Discharge:  020613
Authority:  AR 635-200 C14
Reason:  A6750
Results of Board Action/
Vote/Affirmation:  HD 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