Application Receipt Date: 060616
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: 060213
Discharge Received: Date: 060530
Chapter: 4 AR: 600-8-24
Reason: Unacceptable Conduct
RE: SPD: BNC
Unit/Location: E Company, 101st Brigade Troop Battalion, 101st Sustainment Brigade (Rear) (Provisional), 101st Airborne Division (Air Assault), Fort Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 640827
Current ENL Date: 020111 Current ENL Term: 04 Years ?????
Current ENL Service: 04 Yrs, 04Mos, 20Days ?????
Total Service: 09 Yrs, 06Mos, 12Days ?????
Previous Discharges: RA-961119-020110/HD
Highest Grade: 02
Performance Ratings Available: Yes No
MOS: 65D00 (Physician Assistant) GT: 114 EDU: BS Overseas: None Combat: None
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, NCOPDR, ASR
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:
Evidence of record shows that on 13 February 2006, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of failure to complete an adequate family care plan. On 3 March 2006, the applicant voluntarily tendered her resignation from the service under the provisions of Chapter 4, AR 600-8-24, resignation in lieu of further elimination proceedings. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board and did not submit a statement in her own behalf. She understood that if her resignation was accepted, she could receive a honorable discharge. The chain of command recommended approval of the resignation in lieu of elimination proceedings with issuance of a honorable discharge. On 29 March 2006, the separation authority recommended approval of the resignation in lieu of elimination proceedings with issuance of a honorable discharge. On 1 May 2006, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the separation authority and directed that the applicant be separated with a characterization of service of honorable.
b. Legal Basis for Separation:
Army Regulation 600-8-24 sets for the basic authority for officer transfers and discharges. Chapter 4 outlines the policy and procedure for eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security. AR 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 of the form, will be entered as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant's military records, and the issue she submitted, the analyst determined that the narrative reason for separation is quite clear and is governed by specific directives. The applicant was discharged under the provisions of paragraph 4-2b, AR 600-8-24. The narrative reason specified by Army Regulations for a discharge under this paragraph is "unacceptable conduct." There is no provision for any other reason to be entered. There is no evidence in the records that the command's action was erroneous, or that the applicant was not provided due process throughout the separation proceedings. In view of the foregoing, the narrative reason for discharge is proper and equitable and it is recommended that the Board vote to deny relief in this case.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 23 May 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it.
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: NA
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: 31 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060008900
Applicant Name: Ms.
______________________________________________________________________
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