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ARMY | DRB | CY2006 | AR20060005784
Original file (AR20060005784.txt) Auto-classification: Approved
Application Receipt Date: 060421	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's attached DD Form 293 and supporting document.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 930603   
Chapter: 2-12    AR: 135-175
Reason: Moral or Professional Dereliction
RE:     SPD: NA
Unit/Location: 80th Training Division AUG, Richmond, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  560505  
Current ENL Date: NIF    Current ENL Term: NIF Years  ?????
Current ENL Service: NIF Yrs, NIFMos, NIFDays ?????
Total Service:  10 Yrs, 10Mos, 25Days ?????
Previous Discharges: RA-770606-880501/HD
Highest Grade: MAJ/O4
Performance Ratings Available: Yes    No 
MOS: 42A   GT: NA   EDU: Coll Grad   Overseas: NIF   Combat: None
Decorations/Awards: OSR, Air Assault Badge, AAM (2d Award)
V.  Post-Discharge Activity
Home of Record: NIF
Current Address: 
Post Service Accomplishments: Records show that the applicant is currently a member the Maryland Army National Guard, she enlisted on 17 November 2003 for a period of 3 years, and on 14 September 2006, she extended for another 3 years giving her a expiration term of service (ETS) of 16 November 2009.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s records are void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve.  However, the evidence of record shows that on 3 June 1993, Department of the Army, Headquarters, US Army Resources Command, 3800 North Camp Creek Parkway SW, Atlanta, GA, issued orders 167-050, and discharged the applicant from the Army Reserves, effective date: 3 June 1993, with an general, under honorable conditions discharge.

      b.  Legal Basis for Separation:  
      Army Regulation 135-175 sets forth the basic authority for the separation of officer personnel.  Chapter 2-12, in effect at the time, established policy and prescribed procedures for the involuntary separation of members for moral or professional dereliction.  Moral and professional dereliction included:  Intentional failure to meet personal financial obligations; mismanagement of personal affairs to the discredit of the service; intentional omission or misstatement of facts in official statements or records for the purpose of misrepresentation; acts of personal misconduct; homosexuality; intentional failure to participate satisfactorily in required IRR training; conviction by civil court of a felony resulting in confinement; and, conduct unbecoming an officer.  Officers discharged for any of the following reasons may be furnished an honorable or general discharge certificate, or other than honorable conditions discharge.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available records for the term of service under review, and the independent evidence she submitted, the analyst recommends to the Board that the discharge be upgraded to fully honorable.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve, however, the analyst found that the overall length of the applicant's service, the time that has elasped since her discharge, and her post service accomplishment's, mitigated the discrediting entries in the service record.  The analyst determined the narrative reason for discharge was both proper and equitable.
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 March 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable based on the overall length of the applicant's service, the circumstances surrounding the discharge, and her post service accomplishments.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to miscellaneous/general reasons with a corresponding separation code (SPD) of "JND."  

















Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: TO: ARBA Support Division-St Louis                               Date: 21 March 2007

     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 1 directs that the ARBA Support Division-St Louis issue a new discharge order to the applicant which reflects the following directed changes:

          (X)  Change characterization of discharge to Honorable.

          (X)  Other (See remarks below).

Remarks:  This action entails issuing a new order discharging the applicant from the Reserve of the Army with an Honorable characterization of service

RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060005784               "CORRECTED COPY"

Applicant Name:  Ms.       
______________________________________________________________________


Page 5 of 5 pages

"CORRECTED COPY"

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