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):  030303

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:
                                           MSM
    a.  Period entered for:  4 Years               ASR
    b.  Entry date:  010924                        OSR
    c.  Age:  36 Years   DOB:  641011
    d.  Educational level:  HS Grad
    e.  Aptitude area score:
          GT:  120                               3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          1 Year  5 Months  10 Days

                                               4.  Performance evaluations:

                                                   See OMPF/Fiche

                         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


Other discharge(s):

      Service    From  To    Type Discharge
      ARNGUS     970331      970630     NA
      IADT  970701     971210     Uncharacterized
      ARNGUS     971211      981123     Honorable
      RA    981124     010923     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 3 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—commission of a serious offense, with a general, under honorable
conditions discharge.  The specific reason for the action was that the
applicant falsified an Army Physical Fitness Test Scorecard (DA Form 705),
with the intent to deceive in order to obtain the 71L Military Occupational
Specialty (MOS).  She was advised of her rights.  The applicant waived
consult with legal counsel, acknowledged that she understood the impact of
the discharge action, and submitted a statement in her own behalf.  On 3
December 2002, the unit commander recommended separation from the service
and waiver of further rehabilitative efforts.  The intermediate commanders
reviewed the proposed discharge action and recommended approval of the
separation action with a general discharge.  On 5 December 2002, the proper
legal authorities reviewed the discharge action with no legal objections
for further processing.  On 11 December 2002, the separation authority
directed that the applicant be discharged with a characterization of
service of general, under honorable conditions.

      b.  On 3 March 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 5 months, and 10 days of
active military service in the period under review and had a total of 5
years, 11 months and 3 days of total military service.

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 031128, with three (3) 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 12 April
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.

        (1-3)  The issues are 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 infraction of discipline, the extent thereof, and the
seriousness of the offense.  The Board noted the applicant’s contentions,
however, the Board found that the official record did not support her
contentions and that her misconduct warranted the separation action under
review.  Although the Board noted that the applicant may have had only one
incident of misconduct, her command was compelled to consider her for
discharge based on the commission of a serious offense, i.e., falsifying an
APFT card.  In falsifying an APFT card to gain MOS 71L, the applicant also
made false allegations alleging misconduct on the part of senior
noncommissioned officers in order to cover her own misconduct.  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.  The Board found no evidence of arbitrary or
capricious actions by the command.  However, the Board noted errors on the
applicant’s DD Form 214 and directed changes to Blocks 25 and 26 to
accurately reflect the approved reason for discharge.  Except for the
aforementioned changes to the DD Form 214, the Board determined that the
applicant was properly separated and all requirements of law were met and
the rights of the applicant were fully protected throughout the separation
process.  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                                 .
      ( X ) Both proper and equitable, but reason for separation cited was
           an administrative/clerical error and should be changed to
           Misconduct under Chapter 14-12c, AR 635-200.

2.  Voting record:      Change   No Change
                  Reason       0         5
    Characterization       1         4

        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
                  1941 Jefferson Davis Highway, 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:  16 April 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 ) Other (see remarks below).

Remarks:  Administratively correct DD Form 214, block 25 to show “AR 635-
          200,
          Para 14-12c;” and, block 26 to show “JKQ.”

                          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:  2004100237                    INDEX NUMBERS:  A9217
Date of Review:  040412                                   A9235
Character of Service:  GD                                 A0113
Date of Discharge:  030303
Authority:  AR 635-200 C14
Reason:  A6730
Results of Board Action/
Vote/Affirmation:  NC 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