Application Receipt Date: 060627	

Prior Review    Prior Review Date: None

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

Issues: The applicant stated in essence that her separation the Army and characterization of service were due to retaliation following an EEO complaint lodged against her supervisor.  She submitted 20 pages of independent documentation which highlights her education, employment, and post service achievements.

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: 951207
Discharge Received:     Date: 951213   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: JHJ
Unit/Location: Echo Company, 309th Military Intelligence Battalion, 111th Military Intelligence Brigade, Fort Huachuca, AZ 85613 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 950623, failed to obey a lawful order issued by a commander and wearing civilian clothes on (950617)/Company Grade.  


2nd Article 15: 951025, without authority, go from appointed place of duty on (951006), dereliction of duties on (951006)/Company Grade.


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  710523  
Current ENL Date: 950306    Current ENL Term: 8 Years  ?????
Current ENL Service: 0 Yrs, 9 Mos, 8 Days ?????
Total Service:  1 Yrs, 6 Mos, 23 Days ?????
Previous Discharges: USAR-940521-950305/NA
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: None   GT: 122   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: BS, Retail; MS, Human Resources; Resume, Letters of employment history, letter of acceptance to Law School, Transcript of Master of Science Degree, 5 certificates of achievement and awards and study. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 7 December 1995, 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, with a general discharge.  She was advised of her rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

      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 issues and independent documents she submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of her faithful and honorable service, as well as her record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable.  The analyst found that the time that has elasped since the applicant's discharge and her post service accomplishments, mitigated the discrediting entries in her service record.  However, the reason for discharge remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 5 March 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel:  yes [redacted] 

Witnesses/Observers: None 

Exhibits Submitted: None




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, hearing her testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable.  The Board found that the circumstances surrounding the applicant's discharge, her post service accomplishments and the time that has elapsed since her discharge, mitigated the discrediting entries in her service record.  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 Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to "1".



















Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority, under Ch 5, AR 635-200.
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 7 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009226

Applicant Name:  Ms.        
______________________________________________________________________


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