PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Uncharacterized
2. Date of discharge (or REFRAD): 021004
3. Authority for separation:
a. Regulation: Chapter 6-3a, AR 635-200
b. Reason: Hardship
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
NONE
a. Period entered for: 4 Years
b. Entry date: 011029
c. Age: 23 Years DOB: 780725
d. Educational level: HS Grad
e. Aptitude area score:
GT: 109 3. Highest grade
achieved:
f. Length of Service: E2
0 Year(s) 11 Month(s) 6 Day(s)
4. Performance evaluations:
NONE
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: NONE
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. All the specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records. The
available evidence of record shows that on 28 September 2002, the
intermediate commander recommended that the soldier be separated under the
provisions of Chapter 6-3b, AR 635-200, by reason of hardship with an
honorable characterization of service. On 2 October 2002, the separation
authority directed the applicant be discharged with an honorable
characterization of service. On 2 October 2002, DA, HQ, U.S. Army Training
Center and Fort Jackson, Fort Jackson, SC, Orders 275-1200 discharged the
applicant from the Regular Army, effective 4 October 2002. The record also
contains a properly constituted DD Form 214 (Certificate of Release or
Discharge from Active Duty) which was authenticated by the applicant. Her
DD Form 214 indicates that she was discharged under the provisions of
Chapter 6, AR 635-200 by reason of hardship, with an uncharacterized
discharge.
b. On 2 October 2002, the applicant was discharged. At the time of
discharge, the applicant had completed 11 months and 6 days of active
military service in the period under review.
2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200
provides the basic authority for the separation of enlisted personnel.
Chapter 6 states that soldier’s on active duty may be discharged or
released because of genuine dependency or hardship. Paragraph 6-3a, in
pertinent part, provides that a dependency exists when death or disability
of a soldier’s immediate family causes that member to rely upon the soldier
for principal care or support. If the soldier is still in entry-level
status (i.e., first 180 days of continuous active service) will be
described as uncharacterized. If the soldier is beyond entry-level status,
service will be characterized as honorable or under honorable conditions.
To characterize service as under honorable conditions requires the soldier
be notified of the specific factors in the service record that warrant such
characterization.
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 030812, with four (4) 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, D.C. on 3 June
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 improper.
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 accepted. The Board carefully examined the
available record of service during the period of enlistment under review.
The evidence of record shows the applicant was discharged under the
provisions of Chapter 6, AR 635-200 by reason of hardship after 11 months
and 6 days of continuous active duty. Army regulations stipulate that the
service of any individual who has more than l80 days continuous active duty
at the time his or her discharge will be characterized. Given the
foregoing, the Board determined that the applicant’s characterization of
service was improper. Accordingly, the Board voted to change the
characterization of service to honorable. The Board determined that the
applicant’s reason for discharge was both proper and equitable, and voted
not to change it.
(1) See Paragraph 3, below.
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):
Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issue is neither required nor rendered.
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote
1. Board conclusion(s):
The discharge was:
( ) Proper.
( X ) Improper as to characterization. Change characterization to
Honorable.
( ) 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 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: 4 June 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:
ROBERT L. HOUSE
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: 2003095919 INDEX NUMBERS: A0102
Date of Review: 040603 A9500
Character of Service: EL
Date of Discharge: 021004
Authority: AR 635-200 C6
Reason: A3500
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
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