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ARMY | DRB | CY2005 | AR20050001015
Original file (AR20050001015.doc) Auto-classification: Approved


                           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                 







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