DEPARTMENT OF THE ARMY
Army Discharge Review Board
1901 South Bell Street
Arlington, VA 22202-4508
7 October 2005
Office of the President
The Army Discharge Review Board reviewed your case and determined
that relief is warranted. The Board has directed the ARBA Support
Division, St. Louis, MO, to take action as indicated on the enclosed OSA
Form 172, Case Report and Directive. This document reflects the findings,
conclusions, and reasons for the Board's decision. The official
notification of any change to your official military personnel record,
including the appropriate documentation, will be mailed to you by the ARBA
Support Division.
If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that directive. You should
read Enclosure 5 of that directive before submitting a complaint. The
complaint procedure does not permit you to challenge the merits of the
decision, but is designed solely to ensure that the decisional document
meets applicable requirements for clarity and responsiveness. You may
obtain a copy of DoD Directive 1332.28 by writing to: DA Review Boards
Agency, Attention: (Reading Room), The Pentagon, Washington, DC 20310-
1809.
Should you have any questions relating to the documentation
implementing the Board's decision, you should contact: ARBA Support
Division, ATTN: SFMR-RBL-SL, 9700 Page Avenue, St. Louis, Missouri, 63132-
5200.
Sincerely,
Robert L. House
Colonel, U.S. Army
President
Enclosure
CF
MILITARY REVIEW BOARDS
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): 021018
3. Authority for separation:
a. Regulation: AR 600-8-24, Chapter 3, Paragraph 3-13
b. Reason: Dismissal, no review
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
ARCOM ASR
a. Period entered for: Indefinite AAM ARCOTR (4th)
b. Entry date: 990801 ARCAM
c. Age: 33 Years DOB: 660620 NDSM (2nd)
d. Educational level: BS Degree AFRM
e. Aptitude area score:
GT: NA 3. Highest grade
achieved:
f. Length of Service: 02
3 Year(s) 2 Month(s) 18 Day(s)
4. Performance evaluations:
SEE OMPF
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
USAR 940630 940919 NA
USAR (ADT) 940920 950324 Honorable (C4)
USAR 950325 970301 NA
USAR (ADT) 970302 970605 Honorable (OCS)
USAR 970606 980112 NA
USAR (ADT) 980113 980515 Honorable (OBC)
USAR 980516 990731 NA
(Concurrent Service)
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. On 1 June 2002, the applicant was charged with the intent to
deceive, by signing an official record, an Officer Evaluation Report, which
record was false and had been altered significantly on or about 25 March
2002 at Ft. Tilden, NY. Evidence of record shows that on 26 August 2002,
the applicant voluntarily tendered her resignation from the service under
the provisions of Chapter 3, paragraph 3-13; AR 600-8-24, by reason of
dismissal, no review. The record also shows that the applicant’s chain of
command recommended approval of her request for resignation with a
characterization of service of general, under honorable conditions. The Ad
Hoc Review Board recommended that the applicant’s resignation be accepted
with issuance of general, under honorable conditions discharge. On 25
September 2002, the Deputy Assistant Secretary (Army Review Boards)
approved the recommendation of the Army Ad Hoc Review Board and directed
that the applicant be discharged with a characterization of service of
general, under honorable conditions. 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 3,
paragraph 3-13, AR 635-200 by reason of dismissal, no review, with a
characterization of service of general, under honorable conditions.
b. On 18 October 2002, the applicant was discharged. At the time of
discharge, the applicant had completed 3 year, 2 months, and 18 days of
active military service in the period under review and had a total of 9
years, 3 months and 18 days of military service.
2. Legal/Regulatory Basis for Separation Action: Army regulation 600-8-24
prescribes the policies and procedures governing the transfer and discharge
of Army officer personnel. Chapter 3, Paragraph 3-13 outlines the rules
for processing requests for resignation for the good of the service in lieu
of trial by a general court-martial. An officer separated under this
paragraph normally receives characterization of service of under other than
honorable conditions.
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 050112 multiple enclosure(s)
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 5 October
2005
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: (3) 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.
(1-2) See Paragraph 3, below.
(3) The issue is accepted. The Board carefully examined the
applicant’s record for the period of service 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 Board does not condone the applicant’s misconduct; however,
it determined that the discharge is inequitable. The applicant's
misconduct was mitigated by the circumstances surrounding the discharge and
service of sufficient length and merit to warrant a change in the discharge
being reviewed. Accordingly, the Board voted to grant relief in the form
of an upgrade of characterization of service to fully honorable and a
change in the narrative reason for discharge to “Miscellaneous/General
Reasons.”
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 issues 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
Miscellaneous/General Reasons under Appendix B, AR 635-5-1.
( ) 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 4 1
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
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 7 October 2005
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
Miscellaneous/General Reasons, Appendix B, AR 635-5-1.
( X ) Other (see remarks below).
Remarks: Change SPD code to “FND.”
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
ESMERALDA G. PROCTOR
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: 20050001015 INDEX NUMBERS: A9406
Date of Review: 051005 A9218
Character of Service: GD A9442
Date of Discharge: 051018 A0100
Authority: AR 600-8-24 C3
Reason: A8000
Results of Board Action/
Vote/Affirmation: HD 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
ARMY | DRB | CY2004 | AR2004101175
Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. On 23 May 1994, the applicant was discharged. Remarks: Change SPD code to “FND.” 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...
ARMY | DRB | CY2004 | AR20040003500
Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 920901 950801 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. The Board may only change the characterization or reason for discharge. Remarks: This action entails a change to the separation code (SPD) TO “FND.” SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review...
ARMY | DRB | CY2004 | AR20040003363
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. In support of her request for a change in her discharge, the applicant submitted a copy of a Department of the Army Inspector General (DAIG) report of investigation of her elimination from the Army. Remarks: Change SPD code to “FND.” SECTION B - CERTIFICATION Approval Authority: ROBERT L....
ARMY | DRB | CY2005 | AR20050005966
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. 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: 21 October 2005 The Army Discharge Review Board, established under the provisions...
ARMY | DRB | CY2005 | 20050005112
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. 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: 2 December 2005 The Army Discharge Review Board, established under the provisions...
ARMY | DRB | CY2003 | AR2003086837
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. Accordingly, the Board voted to grant partial relief and to change the applicant’s separation document (i.e., DD Form 214) to reflect that he was discharged under the provisions of Chapter 3, Paragraph 3-5, AR 600-8-24, by reason of “Miscellaneous/General Reasons” with a corresponding separation code of...
ARMY | DRB | CY2000 | 2000044610
Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. An officer separated under this paragraph normally receives characterization of service of general, under honorable conditions or under other than honorable conditions. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2004 | AR20040007840
On 11 March 1999, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board to accept the applicant’s resignation for the good of the service with issuance of a characterization of service of general, under honorable conditions. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B -...
ARMY | DRB | CY2003 | AR2003097324
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. Accordingly, the Board voted to grant relief by changing the characterization of service to honorable and the narrative reason for separation to “Miscellaneous/General Reasons.” (1) See Paragraph 3, below. Remarks: Change SPD to “FND.” SECTION B - CERTIFICATION Approval Authority: ROBERT L....
ARMY | DRB | CY2005 | AR20050002620
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. 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: 21 October 2005 The Army Discharge Review Board, established under the provisions...