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):  030107

3.  Authority for separation:

      a.  Regulation:  Chapter 3, AR 600-8-24

      b.  Reason:  In Lieu of Trial by Court-Martial

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           ARCOM (3)      OSR
    a.  Period entered for:  NIF                   AAM (2)
    b.  Entry date:  930515                        NDSM
    c.  Age:  21 Years   DOB:  710923              HSM (2)
    d.  Educational level:  Col Grad               ASR
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         O3
          9 Years  7 Months  23 Days

                                               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.  Evidence of record shows that on 13 August 2002, the applicant
was charged with dereliction of duties by negligently failing to maintain
the leadership climate of the unit and fostering indiscipline (020420);
engaging in an extended conversation with subordinate officers and senior
enlisted personnel, the topic of which was overtly sexual, vulgar, and lewd
(020420); embracing and wrapping her leg around a subordinate soldier, not
her husband, in open view of passersby (020405); entertaining in her
sleeping area, a male soldier, not her husband, and while so entertaining
said male soldier, did lay her body next to his in a cot while making
sounds that were grossly vulgar and repugnant to common propriety (020420);
and wrongfully commit an indecent act with a senior noncommissioned officer
by laying with him in a cot while making sounds that were grossly vulgar
and repugnant to common propriety (020420).  On 15 October 2002, the
applicant voluntarily tendered her resignation from the service under the
provisions of Chapter 3, AR 600-8-24, resignation for the good of the
service in lieu of trial by a court-martial.  The chain of command
recommended approval of the resignation for the good of the service with
issuance of an under other than honorable conditions discharge.  On 20
November 2002, the Deputy Assistant Secretary (Army Review Boards) approved
the recommendation of the Army Ad Hoc Review Board and directed that the
applicant be discharge with a characterization of service of under other
than honorable conditions.

      b.  On 7 January 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 9 years, 7 months, and 23 days of
active military service in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army regulation 600-8-24
prescribes the policies and procedures governing the transfer and discharge
of Army officer personnel.  Chapter 3, Paragraph 3-13 outlines the rules
for processing request for resignation for the good of the Service in lieu
of trial by a general court-martial.


                      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 03021, with multiple 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:
         (   ) Records review             ( X ) Hearing

      b. Type Held:
         (   )Records review              ( X ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, DC on 19 July 2004

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   ( X ) Yes   (   ) No

      e.  Applicant testified:     ( X ) Yes   (   ) No

      f.  Counsel presentation:    ( X ) Yes   (   ) No

      g.  Witness(es) testified:   ( X ) Yes   (   ) 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 discharge is inequitable.

      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 reviewed the
applicant’s record during the period of service under review and heard her
testimony.  There was a full consideration of all her faithful and
honorable service as well as the infractions of discipline, the extent
thereof, and the seriousness of the offenses.  The Board does not condone
the applicant’s misconduct, which led to her resignation from service.
However, based on the extenuating circumstances surrounding the discharge,
the overall length and quality of her service, and  evidence of exemplary
post-service accomplishments, the Board determined that the discharge is
now inequitable.  Accordingly, the Board voted to grant relief by changing
the characterization of service to honorable and the narrative reason for
separation to “Miscellaneous/General Reasons.”

        (1)  See Paragraph 3, below.

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 issues is neither required nor rendered.


                           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.
      ( X ) Inequitable as to reason.  Change reason to
           Miscellaneous/General Reasons under Chapter 3-5, AR 600-8-24.
      (   ) 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       5         0
    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
                  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

TO: ARBA Support Division-St Louis      Date:  23 July 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.
           ( X ) Change reason and authority for discharge to
            Miscellaneous/General Reasons, AR 600-8-24.
           ( X ) Other (see remarks below).

Remarks:  Change SPD to “FND.”

                          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:  2003097324                    INDEX NUMBERS:  A9406
Date of Review:  040719                                   A9218
Character of Service:  UD                                 A9222
Date of Discharge:  030107                                A9456
Authority:  AR 600-8-24 C3                                A0100
Reason:  A8000
Results of Board Action/
Vote/Affirmation:  HD 4-1 A




                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1.  LTC LONG, JOHN F.    Mbr    X                  X            

    2. COL MINNIEFIELD, ANITA R.  Mbr    X             X                 

    3. COL CHAMPIN, ALEJANDRO L.  Mbr    X             X                 

    4. COL FLETCHER, ANN G.  Mbr    X             X                 

    5.      PO     X             X