Application Receipt Date: 060710	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with six (6) attachments.s.

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: 050110
Discharge Received:     Date: 050514   
Chapter: 3-13    AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: DFS
Unit/Location: Company B, 86th Combat Support Hospital, Fort Campbell, KY  42223 

Time Lost: AWOL, for a total of 5 days from (19 November 2004 to 23 November 2004).

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  600426  
Current ENL Date: 040118    Current ENL Term: indefinite Years  ?????
Current ENL Service: 1 Yrs, 3 Mos, 27 Days The applicant has a period of awol that is not shown on her DD Form 214, block 29 (Time Lost).  The net active service this period on the DD Form 214, item 12c, should be: 1 Year, 3 Months and 22 Days.
Total Service:  1 Yrs, 7 Mos, 17 Days ?????
Previous Discharges: USAR-030923-040117/N/A
Highest Grade: 1LT
Performance Ratings Available: Yes    No 
MOS: 66H Medical Surgical Nurse   GT: N/A   EDU: BA Degree   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 30 November 2004, the applicant was charged with being absent from her unit from 19 November 2004 until on or about 23 November 2004, failing to go to her place of duty, disrespectful toward her superior officer, disobeyed a lawful command from a CPT x 3, and on multiple occasions between 7 October 2004 and 29 November 2004, while in the performance of her duties, willfully conduct herself in a manner unbecoming an officer and a lady by wrongfully and dishonorably engaging in a course of misconduct designed to avoid combat deployment and to procure an early separation from the military.  She was advised of her rights.  On 7 December 2004, the applicant voluntarily tendered her resignation from the service under the provisions of Chapter 3-13, AR 600-8-24, resignation for the good of the Service in lieu of trial by a general court-martial or a board of officers.  The Major General, USA Commanding, HQ, 101st Airborne Division (Air Assault), Fort Campbell, recommended disapproval of the resignation for the good of the service in lieu of court-martial.  The Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge.  On 18 April 2005, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharge with a characterization of service of under other than honorable conditions. 

      b.  Legal Basis for Separation:  
      Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officer personnel.  Chapter 3, Paragraph 3-13 outlines the rules for processing request for resignation for the good of the Service in lieu of trial by a general court-martial.  
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records for the term of service under review and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows that the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge.  The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3-13, AR 600-8-24.  The appropriate authority approved the applicant's request and issuance of an under other than honorable conditions characterization of service.  The analyst concluded that by her misconduct, the applicant diminished the overall quality of her service below that meriting a fully honorable or general discharge.  Furthermore, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.  
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 19 September 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 0    No change 5   - Character
		 			      Change 0    No change 5   - 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: 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: 


CHRISTINE U. MARTINSON			DATE: 21 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009749

Applicant Name:  Ms.        
______________________________________________________________________


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