Applicant Name:  ?????

Application Receipt Date: 2009/08/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I followed through and was cleared of accusations of theif and want to be vendicated.  Due to this false charge I was not able to continue my service in the United States Army." 

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: 991201
Discharge Received: 			   Date: 000222   Chapter: 9      AR: 135-178
Reason: NA	   RE:     SPD: NA   Unit/Location: 792nd MC Det, (Sanitation), Lubbock, 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:  31
Current ENL Date: 981221    Current ENL Term: 08 Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 02Days ?????
Total Service:  		01 Yrs, 02Mos, 02Days ?????
Previous Discharges: 	USAR-981221-990113/NA
                                       ADT-990114-990616/UNC
                                       (Concurrent Service)
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 63B10/Light Wveh Mech   GT: 89   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 1 December 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, paragraph 9-11, AR 135-178, by reason of fraudulent entry for having failed to list or disclose a disqualification for enlistment on her Enlistment Eligibility Questionnaire (981219), with a general, under honorable conditions discharge.  
       
       She was advised of her rights.  The applicant's record contains an election of rights memorandum which was not completed or signed by the applicant.  The applicant did submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a honorable discharge.  On 17 February 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable.
       
       The analyst noted that the applicant's discharge order shows that the applicant was discharged with an uncharacterized discharge.  However, records show that the separation authority directed that the applicant be discharged with a characterization of service of honorable.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found that someone in the separation process erroneously entered on the applicant's discharge orders, type of discharge, of "Uncharacterized."  The analyst recommends that the type of discharge be administratively changed to "Honorable."
       
       Except for the foregoing modification to the applicant's discharge orders, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Memorandum for Commander, dated, 21 August 1999, self authored letter, dated, 12 July 2002, S3 interview, dated, 14 January 1999, CIDN 0000126815, Department of Defense, Defense Security Service Packet, dated, 24 May 1999 (10 pages).

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 directs ARBA Support Division-St. Louis to administratvely change block 24, "Character of Service" to "Honorable."  Except for the foregoing modification to the applicant's characterization of service, 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 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: TO: ARBA Support Division-St Louis                                                                    Date: 16 July 2010                        

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new discharge order to the applicant which reflects the following directed changes:

           ( X  )	Change characterization of discharge to Honorable.
										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA



























Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090014711
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