PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  NA

2.  Date of discharge (or REFRAD):  040212

3.  Authority for separation:

      a.  Regulation:  Chapter 7, Section III, AR 635-200

      b.  Reason:  Erroneous Entry

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:  6 Years
    b.  Entry date:  010730
    c.  Age:  27 Years   DOB:  730815
    d.  Educational level:  Col Grad
    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Years  6 Months  4 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.  All the specific facts and circumstances leading to the
applicant’s discharge are not in the available records.  Limited evidence
of record shows that the applicant enlisted into the Regular Army component
of the U.S. Army on 30 July 2001.  During her processing, she had marital
problems resulting in inadequate care for her children.  She informed her
recruiter who allegedly informed her that he would take care of paperwork
to separate her from the military.  Believing that her recruiter was taking
care of her situation she continued on with her civilian activities.
Through the aid of her recruiter, she did not ship to her initial training
unit at Fort Jackson, SC.  On 30 July 2001, she was reported assigned not
joined to AWOL and was subsequently DFR’d on 29 August 2001.  On 25
September 2001, upon returning from a business trip in Canada, the civilian
customs agents apprehended her at the Pittsburgh Pennsylvania International
Airport.  She was to be transferred to Personnel Control Facility (PCF),
Fort Knox, KY, however, with the uncertainty of her military status, the
customs agents released her from detainment.  On 22 January 2004, she was
stopped for a traffic violation, and again the civilian authorities
apprehended her as a military deserter.  She was held at the Jefferson
Parish Lock-Up at Gretna, LA pending return to military control.  She was
then transferred to the PFC, Fort Sill, OK for further processing.
Further, the evidence of record shows that the applicant’s recruiter had
obstructed the applicant from being properly separated from the Delayed
Enlistment Program (DEP) and misled her into believing that she was no
longer obligated to the US Army.  On 12 February 2004, DA, HQ, US Army
Field Artillery Center, Fort Sill, Oklahoma, Orders 043-0123, discharged
the applicant from the Regular Army, effective date 12 February 2004.  The
record contains a properly constituted DD Form 214 (Certificate of Release
or Discharge from Active Duty), which was authenticated by the applicant’s
signature.  Her DD Form 214 indicates that she was discharged under the
provisions of Chapter 7, Section III, AR 635-200, by reason of erroneous
entry, with characterization of service of “NA”, with a separation code of
JFC, and a RE code of 3.

      b.  On 12 February 2004, the applicant was discharged.  At the time
of discharge, the applicant had completed 2 years, 6 months, and 4 days of
active military service in the period under review.

      c.  Notwithstanding the fact that the applicant was being carried in
an AWOL status, it was not the result of fraudulent conduct on the part of
the applicant.  Therefore, the applicant was not charged with lost time and
her DD Form 214 appropriately reflects no lost time.  However, since the
applicant never completed initial training or acquired a military
occupational specialty (MOS), she was still in entry-level status at the
time of her discharge.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter 7, Section III of that regulation provides, in pertinent part, that
an enlistment or induction is erroneous if it would not have occurred had
the relevant facts been known by the Government and had appropriate
directives been followed; and it was not the result of fraudulent conduct
on the part of the soldier; and the defect is unchanged in material
respects.  Soldiers separated under this paragraph will be awarded an
honorable character of service or release from custody and control of the
Army.  If in an entry level status the characterization will be
uncharacterized.

                      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 040608, with nine (9) 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, DC on 1 November
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 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.

        (2)  The issue is accepted.  The evidence of record shows that the
applicant was discharged under the provisions of Chapter 7, Section III,
Paragraph 7-15(f), AR 635-200, by reason of erroneous entry with a
description of service of “NA.”  Paragraph 7-15(j) of AR 635-200 provides
that “soldiers separated under this paragraph will be awarded an honorable
characterization of service on order of release from custody and control of
the Army unless an uncharacterized description of service is required for
soldiers in entry-level status.”  Since the applicant never completed
initial training or acquired a military occupational specialty (MOS), she
was still in entry-level status at the time of her discharge.  In view of
the foregoing, the Board determined that the description of service granted
(i.e., “NA”) is improper.  Accordingly, the Board voted to grant partial
relief in the form of a change to the characterization of service to
“uncharacterized.”  However, the Board was satisfied that the reason for
discharge was both proper and equitable, and voted not to change it.

        (1)  The issue is rejected.  See response to issue (2) above.

      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):  NONE

                           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
           Uncharacterized.
      (   ) 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       4         1

        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:  5 November 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 Uncharacterized.

                          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:  20040006006                   INDEX NUMBERS:  A0102
Date of Review:  041101                                   A0113
Character of Service:  NA                                 A9217
Date of Discharge:  040212
Authority:  AR 635-200 C7
Reason:  A0600
Results of Board Action/
Vote/Affirmation:  EL 4-1 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