Application Receipt Date: 060804	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting 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: 050804   
Chapter: 13    AR: 635-200
Reason: Unsatisfactory Performance
RE:     SPD: JHJ
Unit/Location: 17th Signal Battalion (Rear), APO AE  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041229/Driving under the influence of alcohol/FG

041104/Memorandum of Reprimand for driving under the influence of alcohol on 041022.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  801021  
Current ENL Date: 000824    Current ENL Term: 04 Years  (Enlisted Record Brief shows applicant's ETS as 060428, however no reenlistment contract was found in the record.
Current ENL Service: 04 Yrs, 11Mos, 11Days ?????
Total Service:  04 Yrs, 11Mos, 11Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 25Q10 (Multichannel Transmission Systems Operator/Maintainer)   GT: 121   EDU: HS Grad   Overseas: Germany   Combat: Iraq (Dates are unknown)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR
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:
      The evidence of record shows that, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance (for pulling her family care plan at the last minute twice, and for receiving an Article 15 for DUI), with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant's election of rights are not contained in the available record, and the analyst presumed Government regularity in the discharge process.  The applicant did submit statements in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 28 July 2005, 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 discharge 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 discharge is inequitable.  The analyst found that the overall length and quality of her service, and the circumstances surrounding the discharge, mitigated the discrediting entries in her service record.  Accordingly, full 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 is recommended to the Board.  This action does not entail a change to the reentry eligibility (RE) code; however, the board can consider it.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 March 2007              
Location: Dallas, TX

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 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 is inequitable.  The Board found that the applicant's overall length and quality of service to include her combat service, and the circumstances surrounding her discharge, mitigated the discrediting entries in the service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code.
















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: Secretarial Authority under Chapter 5, AR 635-200.
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: 23 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011557

Applicant Name:  Ms.        
______________________________________________________________________


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