Applicant Name:   

Application Receipt Date: 2008/02/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I upheld medical standards and refused to have my name signed on medical findings in reports with disagreements.  Examples of that are outlined in the my rebuttal to the LOR.  I performed my job as a physician and pathologist according to the highest standards available.  My raters gave me illegitimate orders to sign my name on their findings when I disagreed with them. My refusal to obey their illegitimate orders resulted in my separation from the army."

"I have performed all my duties deligently; my section which is the autopsy service at BAMC, was compliant with all regulations and I believe was the only section in the lab. that passed the CAP inspection without  deficiencies.  I was given orders to stay at home and not go to the hospital and then I was reported AWOL by my raters."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070301
Discharge Received: 			   Date: 070530   Chapter: 4-2b      AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: C Co, Brooke Army Medical Center,
Fort Sam Houston, TX 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  NIF
Current ENL Date: 20050710    Current ENL Term: Indef Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 21Days ?????
Total Service:  		01 Yrs, 10Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: O4		Performance Ratings Available: Yes    No 
MOS: 61U/Pathologist   GT: NA   EDU: COLLEGE GRAD   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR,

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: None Listed






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 March 2007, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24. The applicant was directed to show cause for her retention in the Army due to conditions which developed with the applicant after her commissioning into the Army that indicated her retention in the Army would not be in the best interest of the United States, for acts of personal misconduct pursuant to AR 600-8-24, paragraph 4-2.b.(5), conduct unbecoming an officer pursuant to AR 600-8-24, paragraph 4-2.b.(7), and intentional failure to perform duties pursuant to AR 600-8-24, paragraph 4-2.b.(8). She was advised that she could submit a voluntary resignation in lieu of elimination.  On 23 April 2007, the Chief, Retirements and Separations Branch, U.S. Army Human Resources Command forwarded the applicant's request for resignation in lieu of elimination to the Army Review Boards Agency (ARBA) for review in accordance with AR 600-8-24 chapter 4.  The Ad Hoc Review Board recommended that the applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge.  On 7 May 2007, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  

       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets forth the basic authority for officer transfers and discharges.  Chapter 4 outlines the policy and procedure for eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.  AR 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of the entire applicant’s military records, the issues, and the independent evidence she submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  The applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army Officers.  By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Therefore, 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: 21 November 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002108
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