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ARMY | DRB | CY2006 | AR20060013896
Original file (AR20060013896.txt) Auto-classification: Denied
Application Receipt Date: 060911	

Prior Review    Prior Review Date: None

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

Issues: See applicant's DD Form 293.

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: 960216   
Chapter: 4    AR: 600-8-24
Reason: Unacceptable Conduct
RE:     SPD: BNC
Unit/Location: Company A, BAMC AMEDDC&S, MEDCOM MC, Fort Sam Houston, TX 78234-5000 

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:  530821  
Current ENL Date: 900715    Current ENL Term: 4 Years  ?????
Current ENL Service: 05  Yrs, 07 Mos, 02 Days ?????
Total Service:  18  Yrs, 10 Mos, 25 Days ?????
Previous Discharges: ARNG-760304-760902/NA
                                      ADT-760903-761216/HD
                                      ARNG-761217-780223/NA
                                      ADT-780224-790224/HD
                                        USAR-790225-790409/NA
                                        RA-790410-831009/NA
                                        USAR-860227-900714/NA
Highest Grade: 02
Performance Ratings Available: Yes    No 
MOS: 66H Medical Surgical Nurse   GT: NA   EDU: BS Nursing   Overseas: None   Combat: None
Decorations/Awards: AGCM, NDSM, ASR, ASUA 
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 applicant’s record is void of the specific 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 letter of resignation in lieu of elimination, her consultation with legal counsel advising her of her rights and submitting a statement in her own behalf, are not part of the available record and the analyst presumed Government regularity in the discharge process.  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 4, AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of fully honorable.  Furthermore, the DD Form 214 shows a Separation Code of "BNC."  On 8 February 1996, DA, HQ, U.S. Army Medical Department Center and School and Fort Sam Houston, Fort Sam Houston, TX , Orders 039-00282, discharged the applicant from the United States Army Reserve, effective date:  16 February 1996.

      b.  Legal Basis for Separation:  
      Army Regulation 600-8-24 sets for the basic authority for Officer Transfers and discharges.  Chapter 4 outlines the policy and procedure for the eliminating of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.
      
      

      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 and the issue she submitted, the analyst finds no facts that would merit an upgrade of the applicant's narrative reason for discharge and therefore recommends that relief be denied in this case.  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 is presumed in the discharge process.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of fully honorable.  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 narrative reason for discharge was both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 November 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 0   - Character
		 			      Change 2    No change 3   - 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 narrative reason for discharge was both proper and equitable, and voted not to 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: 28 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013896

Applicant Name:  Ms.        
______________________________________________________________________


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