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ARMY | DRB | CY2004 | AR2004104464
Original file (AR2004104464.doc) Auto-classification: Denied




                         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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