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ARMY | DRB | CY2006 | AR20060008787
Original file (AR20060008787.txt) Auto-classification: Denied
Application Receipt Date: 051123	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached 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: NIF
Discharge Received:     Date: 990519   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: 565th Support Company, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  770222  
Current ENL Date: 980429    Current ENL Term: 04 Years  ?????
Current ENL Service: 01 Yrs, 00Mos, 21Days ?????
Total Service:  01 Yrs, 00Mos, 21Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 92A10 (Automated Logistical Specialist)   GT: 101   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Applicant states that after she was discharge she enrolled in college majoring in criminal justice and working at a state correctional facility.  She served in the Texas Army National Guard from 20 November 2001 through 1 April 2003 receiving a honorable discharge, and that she enlisted in the Regular Army on 2 April 2003 and is currently on active duty as a noncommissioned officer.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the Army.  However, the record shows that on 6 May 1999, DA, HQ, III Corps and Fort Hood,  Fort Hood, Texas, Orders 126-0212 discharged the applicant from the Regular Army, effective date 19 May 1999.  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 14, Paragraph-12c, AR 635-200 by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 3.  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct-commission of a serious offense).

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available military records, the issue she submitted and her supporting documentation, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.  This evidence supports a conclusion that the applicant's characterization of service was too harsh, and as a result it is now inequitable.  While the applicant's misconduct is not condoned, the analyst determined that the applicant's post service accomplishments (served in the Texas Army National Guard from 20 November 2001 through 1 April 2003 receiving a honorable discharge, and currently serving on active duty), mitigated the discrediting entries in her service record.  However, the analyst determined that the reason for discharge was fully supported by the record.
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 061025              
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 period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the applicant's discharge is now inequitable based on her post service accomplishments.  Accordingly, the Board voted to upgrade the discharge to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to “1.”



















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: Secretarial Authority under Chapter 5, AR 635-200.
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


ESMERALDA G. PROCTOR		DATE: 061027
Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008787

Applicant Name:  Ms.       
______________________________________________________________________


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