PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Honorable
2. Date of discharge (or REFRAD): 960911
3. Authority for separation:
a. Regulation: Chapter 6, AR 635-200
b. Reason: Hardship
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
ARCOM NCOPDR-2
a. Period entered for: 2 Years AAM (3) ASR
b. Entry date: 960312 GCMDL (2) OSR
c. Age: 26 Years DOB: 690918 NDSM KLM (SA)
d. Educational level: 14 Years SWASM w/3BSS KLM (K)
e. Aptitude area score:
GT: 101 3. Highest grade
achieved:
f. Length of Service: E5
0 Year 5 Months 29 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
RA 900102 930610 Honorable
RA 930611 960311 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 9 August 1996, the applicant
requested discharge under the provisions of Chapter 6, AR 635-200, due to
family problems. The unit commander recommended approval of the
applicant’s request for a hardship discharge. The intermediate commander
reviewed the proposed discharge action and recommended approval of the
separation action. On 19 August 1996, the separation authority approved
the separation action.
b. On 11 September 1996, the applicant was released from active duty
and transferred to the United States Army Reserve Control Group (IRR)
ARPERCEN, St Louis, MO to complete her statutory service obligation. At
the time of release, the applicant had completed 5 months and 29 days of
active military service in the period under review and had a total of 6
years, 8 months, and 10 days of total military service.
c. The applicant completed her remaining service obligation and was
subsequently honorably discharged from the United States Army Reserve on 12
November 1997.
2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200
provides the basic authority for the separation of enlisted personnel.
Chapter 6 of this regulation provides the authority to separate individuals
for hardship. Hardship exists when in circumstances not involving death or
disability of a member of the soldier’s (or spouse’s) immediate family,
separation from the Service will materially affect the care or support of
the family by alleviating undue and genuine hardship.
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 040224, 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 27 October
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: ( ) 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 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.
Notwithstanding the applicant’s current allegations and desires, the Board
determined that the applicant was properly and equitably released from
active duty service. The evidence of record shows that the applicant
voluntarily requested discharge under the provisions of Chapter 6, AR 635-
200, by reason of hardship due to family problems. The unit commander and
intermediate commander recommended approval of the applicant’s request for
a hardship discharge. Finally, the separation authority approved the
applicant’s voluntary request for separation under the provisions of
Chapter 6, AR 635-200, by reason of hardship with a characterization of
service of honorable. The Board, being convinced that the reason for
discharge and the characterization of service were both proper and
equitable, voted to deny relief.
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:
( 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
MR. RIVERA
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: 2004104464 INDEX NUMBERS: A0101
Date of Review: 041027 A0113
Character of Service: HD A9500
Date of Discharge: 960911
Authority: AR 635-200 C6
Reason: A3500
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
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