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):  940121

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:
                                           AAM(2nd Awd)
    a.  Period entered for:  4 Years               NDSM
    b.  Entry date:  920731                        ASR
    c.  Age:  17 Years   DOB:  741015


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  111                               3.  Highest grade
achieved:
    f.  Length of Service:                         E2
          1 Year  5 Month(s)  21 Day(s)

                                               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         930908-930920;


      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      931004     AWOL (930908-930921) (Company Grade);


7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  Applicant’s lost time due to AWOL is not shown on
                 DD Form 214.  The official record contains a Military
                 Police Report dated 930921.


                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      USAR  920130     920730     Uncharacterized




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 20 December 1993, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of
misconduct—commission of a serious offense, with a general, under 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 indicated that she would be submitting a statement in her own
behalf (statement not in file).  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 3 January 1994,
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 21 January 1994, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 5 months, and 21 days of
active military service and accrued 13 days of lost time in the period
under review and had a total of 1 year, 11 months and 21 days of active
military service.

      c.  Evidence of record shows that the applicant failed to report to
the 21st Replacement Company when ordered and remained AWOL for 13 days
while visiting her boyfriend in Puerto Rico.  Upon reaching her unit in
Germany, the applicant was counseled on several occasions for failing to
repair and having a male soldier sleep over in her room in the barracks.
The official record further revealed that the applicant had attended and
completed Track III ADAPCP and was considered an alcohol rehabilitation
failure because she continued to drink alcohol.  Finally, the applicant
repeatedly indicated to her unit commander that she wanted out of the Army
and would do whatever it took to get out.

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 031023.
      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 28 July
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:  ( 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 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 warrant the separation action under review.  The
applicant's discharge was appropriate because the quality of service was
not consistent with the Army's standards for acceptable personal conduct
and performance of duty by military personnel.  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.  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.  Individuals are assigned RE codes based on their service
records or the reason for discharge.  The applicant was appropriately
assigned an RE code of 3.  This Board found no bases upon which to change
the applicant’s reason for discharge because it was properly based upon her
misconduct at the time of her discharge.  An RE Code of 3 indicates that
the applicant requires a waiver prior to being allowed to reenlist.  If the
applicant desires to reenlist, she should contact the local recruiter to
determine her eligibility to reenlist.  Those individuals can best advise a
former service member as to the needs of the Army at the time, and are
required to process waivers of RE codes.  The Board, being convinced that
the reason for discharge and the characterization of service were both
proper and equitable, voted to deny relief.

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:  2003099113                    INDEX NUMBERS:  A9217
Date of Review:  040728                                   A9307
Character of Service:  GD                                 A9221
Date of Discharge:  940121                                A0100
Authority:  AR 635-200 C14
Reason:  A6730
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