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):  030214

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:  3 Years               ASR
    b.  Entry date:  000428
    c.  Age:  25 Years   DOB:  750107


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  91                                3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          2 Year(s)  9 Month(s)  17 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:

      Date  Offense(s)
      021018     Lying to a noncommissioned officer on (021013); disrespect
                 to noncommissioned officer on (021013); FOLO on (021013);
                 and noncompliance with procedural rules on (021013)
                 (Summarized);
      020503     Wrongfully and willfully impersonate an NCO on (020425);
                 make a false statement to SFC on (020418); sign official
                 false statement on (020418); steal meals, military
property
                 of a value less than $500 (020201-020423); FOLO by SSG on
                 (020418) (Field Grade);

7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  The official record contains a Bar to Reenlistment dated
                 020416.

                       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 27 December 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—patterns
of misconduct, with an under other than honorable conditions discharge.
She was advised of her rights.  The applicant consulted with legal counsel,
was advised of the impact of the discharge action, and submitted a
statement in her own behalf.  The unit commander subsequently recommended
separation from the service and waiver of further rehabilitative efforts.
The intermediate commander(s) reviewed the proposed discharge action and
recommended approval of the separation action with a general, under
honorable conditions discharge.  On 15 January 2003, the separation
authority waived further rehabilitative efforts and directed that the
applicant be discharged with a characterization of service of general,
under honorable conditions.

      b.  On 17 September 2002, the applicant was discharged.  At the time
of discharge, the applicant had completed 2 years, 9 months, and 17 days of
active military service in the period under review.

      c.  The evidence of record shows that the applicant’s DD Form 214
erroneously reflects that she received an “honorable” discharge.  The
official record shows that the separation authority directed a “general,
under honorable conditions” discharge.  The official record also contains a
memo from the Ft. Drum Transition Point to the Commander, National
Personnel Center, St. Louis, MO, requesting a DD Form 215 be issued
correcting the applicant’s characterization of service to “general, under
honorable conditions.”

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 030919, with (1) 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 30 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:
          (   )  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 parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1)  The issue is rejected.  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.  The Board noted the applicant’s contentions,
however, the Board found sufficient misconduct and substandard performance
in her official record to substantiate the narrative reason for separation.
 The record shows that the applicant received a summarized Article 15 for
lying to noncommissioned officers, disrespect to noncommissioned officers,
and failing to follow lawful orders.  In addition, she received a field
grade Article 15 for wrongfully and willfully impersonating a
noncommissioned officer, making false statement, signing false official
statements, and stealing meals, the property of the U.S. government.  She
was also counseled on numerous occasions for disrespect, failing to repair,
poor performance of duty, failing to follow orders, failing to use the
proper chain of command, and lying to superiors.  Her misconduct resulted
in a bar to reenlistment.  The applicant provided no independent
corroborating evidence demonstrating that either the command’s action was
erroneous or that the applicant’s service mitigated the misconduct.  Before
initiating action to separate the applicant, the command ensured the
applicant was appropriately counseled about the deficiencies that could
lead to separation.  She also received a rehabilitative transfer and the
applicant failed to respond to the opportunity by improving her performance
or personal conduct.  The Board noted that the command made an assessment
thereafter of the applicant's potential for becoming a fully satisfactory
soldier, and the command appropriately determined the applicant did not
demonstrate the potential for further military service.  Finally, the Board
noted that the official record shows that she was approved for a “general,
under honorable conditions” characterization of service.  However, someone
involved in the discharge process erroneously changed the applicant’s
characterization of service to “honorable” on the DD Form 214.  It is the
policy of the Board not to correct an administrative error if the
correction would result in a less favorable action to the applicant.
Therefore, the Board will not change the applicant’s characterization of
service on the current DD Form 214.  The Board, being convinced that the
reason for discharge was both proper and equitable, voted not to change it.

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
                  1901 South Bell Street, 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:


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:  2003096748                    INDEX NUMBERS:  A9455
Date of Review:  040630                                   A0101
Character of Service:  HD
Date of Discharge:  030214
Authority:  AR 635-200 C14
Reason:  A6750
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