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ARMY | DRB | CY2008 | AR20080012651
Original file (AR20080012651.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 080805	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documents submitted by the applicant.

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: 041102
Discharge Received: 			   Date: 041125   Chapter: 4-24A(1)       AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: BNC   Unit/Location: 55th MMC, Ft. Belvoir,  VA 

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:  25
Current ENL Date: OAD 940303    Current ENL Term: Indef Years  ?????
Current ENL Service: 	10 Yrs, 08Mos, 23Days ?????
Total Service:  		24 Yrs, 08Mos, 09Days Includes Inactive Service 12 yrs, 05 mos, 22 days.
Previous Discharges: 	ARNG-810911-811110/NA
                                       ADT-811111-820505/HD
                                       ARNG-820506-890513/HD
                                       USAR 890514-900312/NA
                                       ADT-900313-900713/HD
                                       USAR 940302-041125/ (Concurrent Service)

Highest Grade: 03		Performance Ratings Available: Yes    No 
MOS: QM   GT: 80   EDU: College   Overseas: None   Combat: None
Decorations/Awards: ARCOM x2, AAM x2, ARCAM, NDSM x2, GWOTSM, AFSM x2, NPDR.  

V.  Post-Discharge Activity
City, State:  Manassas, VA
Post Service Accomplishments: Not Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 14 December 2003, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of unacceptable conduct for misrepresenting another officer's work as her own during CAS3 course, for submitting a false record of a APFT, for failing to take an APFT, for failure to report, and for leaving her place of duty without authority.  The applicant was directed to show cause for her retention in an active status under the provisions of AR 600-8-24, para 4-2 for substandard performance of duty, for acts of misconduct exhibiting moral and professional dereliction, and for derogatory information.  She was advised that she could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry.  On 11 August 2004, the applicant submitted her resignation in lieu of elimination proceedings.   The Department of the Army Ad Hoc Review Board recommended that the applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge.  On 21 October 2004, 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.  The record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as under other than honorable conditions.
       
       The record contains a General Officer Memorandum of reprimand dated 2 August 2001. 

       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets the basic authority for Officer Transfers and Discharges.  Chapter 4 outlines the policy and procedure for the elimination 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 the entire applicant’s military records, the issues, and the documents she submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  The applicant’s general, under honorable conditions 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.  However, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as under other than honorable conditions.  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 24, character of service to "General Under Honorable Conditions”,  which was approved by the separation authority.  Except for the foregoing modification to the applicant's characterization of service, the analyst determined that the discharge was both proper and equitable. 
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 December 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as under other than honorable conditions.  In view of the error, the Board directed that an administrative change be made to block 24, character of service to "General, Under Honorable Conditions”, as approved by the separation authority.  Except for the foregoing modification to the applicant's characterization of service, the Board determined that the reason for separation was both proper and equitable and voted not to change it.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080012651
______________________________________________________________________________


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