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):  950714

3.  Authority for separation:

      a.  Regulation:  Chapter 4, AR 635-120

      b.  Reason:  Unacceptable Conduct

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:  INDEF                 AFEM
    b.  Entry date:  930529                        ASR
    c.  Age:  22 Years   DOB:  701117
    d.  Educational level:  Col Grad
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         O1
          2 Years  1 Month  16 Days

                                               4.  Performance evaluations:

                                                   NIF

                         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)

    Memorandum of Reprimand:

      Date  (offense(s)
      941206     While deployed to Haiti, consumed alcohol in violation of
JTF-180
              General Order Number 1 (date unknown); Made false official
              statements (dates unknown)(GOMOR)

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 facts and circumstances leading to the applicant’s
discharge are not contained in the available records.  Evidence of record
shows that the chain of command did not recommend the applicant for
promotion to 1LT based on her receipt of a General Officer Letter of
Reprimand and a Relief for Cause Officer Efficiency Report.  She also did
not meet the standards of an officer in the United States Army.  On 22 May
1995, the applicant requested a resignation in lieu of elimination.  On 21
June 1995, the Promotion Review Authority denied the applicant’s promotion
and recommended her release from active duty with a characterization of
service of general, under honorable conditions.  On 22 June 1995, the
applicant’s request for resignation in lieu of elimination was approved,
with a general, under honorable conditions discharge.  The record contains
a properly constituted DD form 214 (Certificate of Release or Discharge
from Active Duty).  Her DD Form 214 indicates that she was discharged under
the provisions of Chapter 4, AR 635-120, by reason of unacceptable conduct,
with a characterization of service of general, under honorable conditions.
Furthermore, the DD Form 214 shows a Separation Code of BNC (i.e.,
unacceptable conduct).

      b.  On 14 July 1995, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 years, 1 month, and 16 days of
active military service in the period under review.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-120
sets forth the basic authority for Officer resignations and discharges.
Chapter 4 outlines the policy and procedure for eliminating officers in the
Active Army for substandard performance of duty and/or misconduct, moral or
professional dereliction, or in the interest of national security.


                      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 040624, with one (1) enclosure.
      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, DC on 16 February
2005.

      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 discharge is 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.

        (1)  See Paragraph 3, below.

        (2)  The issue is accepted.  The Board carefully examined the
available records for the period of service under review.  In support of
her request for a change in her discharge, the applicant submitted a copy
of a Department of the Army Inspector General (DAIG) report of
investigation of her elimination from the Army.  The DAIG report determined
that many improprieties existed in the investigation, to include the
improper appointment of the investigating officer and the failure of the
investigating officer to conduct a thorough and impartial investigation.
The DAIG rationalized that the inappropriate actions by certain individuals
involved in the applicant’s discharge process were justified and that she
was not prejudiced.  However, the Board could not reasonably reach the same
conclusion and found that the improprieties, on their face, prejudiced the
applicant and tainted the entire discharge process.  Given the above, the
Board determined that the discharge was premised on a faulty investigation
of the applicant’s alleged misconduct, and is, therefore, improper.
Accordingly, the Board voted to grant relief by changing the
characterization of service to fully honorable and changing the narrative
reason for discharge to Miscellaneous/General Reasons.

      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.
      ( X ) Improper as to reason.  Change reason to Miscellaneous/General
           Reasons under Appendix B, AR 635-5-1.

      (   ) 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       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

                          
MR. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  18 February 2005


     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 635-5-1.
           ( X ) Other (see remarks below).

Remarks:  Change SPD code 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:  20040003363                   INDEX NUMBERS:  A0102
Date of Review:  050216                                   A0114
Character of Service:  GD                                 A0154
Date of Discharge:  950714                                A9456
Authority:  AR 635-120 C4
Reason:  A8000
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