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): 920221
3. Authority for separation:
a. Regulation: Chapter 14, AR 635-200
b. Reason: Misconduct-Pattern of 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 (2) ASR
a. Period entered for: 4 Years GCMDL (2) OSR
b. Entry date: 881115 NDSM KLM (SA)
c. Age: 33 Years DOB: 550827 SWASM w/2BS
d. Educational level: 14 Years NCOPDR
e. Aptitude area score:
GT: 100 3. Highest grade
achieved:
f. Length of Service: E6
3 Years 3 Months 7 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:
Date Offense(s)
910129 Without authority, failed to go at the time prescribed to
her appointed place of duty (910120); At a time of hostilities
in Saudi Arabia and being on post as a guard, were found
sleeping (910124); Disrespectful in deportment towards a SSG
after he found her sleeping on her guard post by saying, “So,
what else is new?” (910124)(Field Grade)
900110 Operated a passenger car while drunk (891209)(Field Grade)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: HQDA Bar to Reenlistment under QMP imposed effective
911101.
The applicant was counseled on 920108. Her Statement of
Option
is not in the available records.
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
USAR 780630 780713 NA
ADT 780714 780909 Honorable
USAR 780910 790125 NA
ADT 790126 790628 Honorable
USAR 790629 820104 Honorable
RA 820105 850103 Honorable
RA 850104 881114 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. The specific facts and circumstances leading to the applicant’s
discharge are not in the available records. 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 involuntarily discharged under the provisions of
Chapter 14, paragraph 14-12b, AR 635-200 by reason of misconduct-pattern of
misconduct, with a characterization of service of under other than
honorable conditions, with a separation code of JKM (i.e., commission of a
serious offense), and an RE code of 3.
b. On 21 February 1992, the applicant was discharged. At the time
of discharge, the applicant had completed 3 years, 3 months, and 7 days of
active military service in the period under review and had a total of 13
years, 7 months, and 21 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 031113, with no 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 22 September
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 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 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 evidence of record shows that prior to
the events leading to the applicant’s discharge, competent medical
authority had diagnosed the applicant with a personality disorder and
recommended that she be expeditiously discharged under the provisions of
Chapter 5, Paragraph 5-13, AR 635-200, by reason of a personality disorder.
Additionally, the Board noted that the applicant had served more than 13
years active military service and the preponderance of her service was
honorable. In view of the foregoing, the Board determined that the
discharge was and is inequitable. Accordingly, the Board voted to grant
full relief in the form of an upgrade of characterization of service to
fully honorable and a change to the narrative reason for separation to
Secretarial Authority.
(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 issue 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 Secretarial
Authority
under Chapter 5, AR 635-200.
( ) 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: 24 September 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
Secretarial Authority, AR 635-200.
( X ) Other (see remarks below).
Remarks: This action entails a restoration of grade to E4. This action
does not entail a change to the RE code.
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: 2004102437 INDEX NUMBERS: A9406
Date of Review: 040922 A9218
Character of Service: UD A1200
Date of Discharge: 920221
Authority: AR 635-200 C14
Reason: A6750
Results of Board Action/
Vote/Affirmation: HD 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
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