Application Receipt Date: 060801	

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: 041015
Discharge Received:     Date: 051115   
Chapter: 3    AR: 600-8-24
Reason: Miscellaneous/General Reasons
RE:     SPD: FND
Unit/Location: 71st Transportation Battalion, 8th Transportation Brigade, Fort Eustis, VA 23604-5000 

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:  791212  
Current ENL Date: 020523    Current ENL Term: 4 Years  ?????
Current ENL Service: 03  Yrs, 05 Mos, 23 Days ?????
Total Service:  03  Yrs, 05 Mos, 23 Days ?????
Previous Discharges: None
Highest Grade: 02
Performance Ratings Available: Yes    No 
MOS: 31A Military Police   GT: NA   EDU: BA Criminal Justice   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM, NDSM, GWOTSM, KDSM, 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:
      On 23 September 2004, the applicant voluntarily tendered her unqualified resignation (in lieu of Article 15), under the provisions of Chapter 3-5, AR 600-8-24.  The applicant’s record is void of the complete facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. The record is void of the applicant's consultation with legal counsel advising her of the impact of the discharge action, and submitting a statement in her own behalf.  The analyst presumed Government regularity in the discharge process.  On 15 October 2004, the Commander, U.S. Army Transportation Center, Fort Eustis, VA, recommended that the applicant be eliminated from the service with a general, under honorable conditions discharge.  The record is void of the Ad Hoc Review Board recommendation, and the Deputy Assistant Secretary (Army Review Boards) approving the recommendation of the Army Ad Hoc Review Board, and directing that the applicant be discharged from the United States Army Reserve.  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.  This DD Form 214 indicates that she was discharged under the provisions of Chapter 3, AR 600-8-24, by reason of unqualified resignation in lieu of Article 15, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of FND.  On 28 September 2005, Orders 271-0010, DA, HQ, U.S. Army Transportation Center, Fort Eustis, VA , discharged the applicant from the United States Army Reserve, effective date:  15 November 2005.
      
      The applicant has an AR 15-6 Investigation dated 9 August 2004, in her Official Military Personnel File.
      
      
      

      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 3-5 outlines the rules for processing requests for resignation of unqualified resignation. 

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available records for the term of service under review, the issue and documents she submitted, the analyst found no facts that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve.  However, the applicant’s 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.  This document identifies the reason and characterization of the discharge and Government regularity in the discharge process is presumed.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 3, AR 600-8-24, by reason of unqualified resignation (in lieu of Article 15), with a characterization of service of general, under honorable conditions. The analyst noted the applicant's contention; however, applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brings discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  Barring evidence to the contrary, 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.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable. 
      
      
      
      
      
      
      
      
      
      
       

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 12 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 5    No change 0   - 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 term of service under review 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  inequitable.  The Board found that the overall length and quality of the applicant's service and circumstances surrounding the discharge, mitigated the discrediting entry 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.  However, the Board determined that the reason for discharge was both proper and equitable and voted not change it.  
















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: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 24 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011514

Applicant Name:  Ms.        
______________________________________________________________________


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