Application Receipt Date: 060929	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: 030603   
Chapter: 10    AR: 635-200
Reason: In Lieu Of Trial By Court-Martial
RE:     SPD: KFS
Unit/Location: 154th JAG Det AR Fort George G. Meade, MD20755-5073 

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:  480523  
Current ENL Date: 010420    Current ENL Term: 6 Years  ?????
Current ENL Service: 02 Yrs, 01 Mos, 13 Days ?????
Total Service:  24 Yrs, 00Mos, 01Days ?????
Previous Discharges: USAR-790604-790622/NA
                                      IADT-790623-790713/NA
                                      USAR-790714-850518/NA
                                      USAR-850519-851113/NA
                                      USAR-851114-860530/NA
                                        USARCG-860530-010419/NA
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 71D10 Legal Spec/75B10 Per Admin Spec/95B10 Military Police    GT: 106   EDU: 14 Years   Overseas: None   Combat: None
Decorations/Awards: MSM, ARCOM (2), AAM (4), AGCM (3), NDSM (2), AFRM, NCOPDR w/2, ASR, 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant is employed as a security officer in the headquarters facility for the National Oceanic and Atmospheric Administration (NOAA).

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 19 May 2003, the separation authority approved the discharge with an under other than honorable conditions discharge.  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 does contain 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 10, AR 635-200, for the good of the service-in lieu of court-martial with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4."   On 2 June 2003, Orders C-05-390758A01, DA, HQ, U.S. Army Reserve Center, ST. Louis, MO, discharged the applicant from the United States Army Reserve/Active Guard Reserve, effective date: 3 June 2003.  The applicant was to be reduced to the lowest enlisted rank.  

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records during the period of enlistment under review, the issue and documents she submitted, the analyst recommend that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of her faithful and honorable service, as well as her record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service is too harsh, and as a result it is now inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, the circumstances surrounding the discharge and her post service accomplishments mitigated the discrediting entry in her service record.  However, the reason for discharge was both proper and equitable.  This action entails a restoration of grade to SGT/E5. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 070305              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted a supporting statement and a forty page document in support of her personal appearance hearing. 




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 characterization of service was too harsh, and as a result it is now inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully  honorable.  However, the Board found that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SGT/E5.   
















 

Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: SGT/E5

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 070307
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009260

Applicant Name:  Ms.        
______________________________________________________________________


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