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ARMY | DRB | CY2006 | AR20060007479
Original file (AR20060007479.txt) Auto-classification: Denied
Application Receipt Date: 060526	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293

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: 040304
Discharge Received:     Date: 040417   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: JHJ
Unit/Location: HQ & HQ Company, 524th Military Intelligence Battalion, 501st Military Intelligence Brigade, Youngsan Transition Center, APO, AP  96205-0089 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040220, with intent to defraud, falsely made the signature of a CPT upon a dispatch request (040112), (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  781212  
Current ENL Date: 021023    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 5 Mos, 25 Days ?????
Total Service:  1 Yrs, 5 Mos, 25 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 56M10 Chaplain Assistant   GT: 97   EDU: Coll Grad   Overseas: Korea (030324-040417)   Combat: None
Decorations/Awards: GCMDL, NDSM, KDSM, ASRA
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 4 March 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance (received a Summarized Article 15 for forging a signature to a vehicle dispatch, several counseling statements for substandard performance, failure to follow orders, failure to be at her appointed place of duty at the time prescribed, failure to wear the proper uniform, and dereliction of duty), with an honorable discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 18 March 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an honorable discharge. 

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases. 
      
      
      
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records, the issue and the independent evidence she submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The evidence of record shows that the applicant was discharged under the provisions of Chapter l3, AR 635-200, by reason of unsatisfactory performance with an honorable discharge.  The evidence of record further shows that command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.  Therefore, it is recommended to the Board that the narrative reason for discharge was both proper and equitable.   
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 March 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.   
























Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

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 AR20060007479

Applicant Name:  Ms.        
______________________________________________________________________


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