CASE NO:  AD97-00716

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Type of discharge (or characterization of service):  GD                   

2.  Date of discharge (or REFRAD):  930901                                     

3.  Authority for separation:

	a.  Regulation:  Chapter 3, AR 635-120                                    

	b.  Reason:	Miscellaneous Reasons (Unqualified Resignation)
                           
4.  Prior review(s):  ( X ) NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
                                                   Type
                                               NDSM 
a.  Period entered for:  5 Years               SWASM
b.  Entry date:  910618                        
c.  Age:  21 Years   DOB:  691104                                          
d.  Educational level:  16 Years                                           
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  NA                                3.  Highest grade achieved:
    f.  Actual creditable service:  2  Years            
        2  Months  14 Days                         Grade    
                                                   2LT       

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-00716

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment:

	Nature              Date
	Art 15              930709
	Punitive Reprimand  930715

7.  Court-Martial data:  ( X ) NONE
	
8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data

1.  Other discharge(s):                  

	Service       Type           
	USAR		NA
	ADT		Unchar
	USAR		NA

            

	CASE NO:  AD97-00716

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1.  Summary of facts and circumstances concerning discharge:

	930802:  Applicant tendered her unqualified resignation from the Army under the
	         provisions of Chapter 3, AR 635-120, to become effective 930901 or
	         soon as practicable thereafter.
	930901:  HQ DA, Orders 154-16, Fort Bliss, TX, dated 930817, Applicant was
	         discharged.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:

	See Attached DD Form 293.

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 961028.
    B-1:  DD Form 293, with two (2) enclosures as submitted by the applicant.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

	a.  Applicant testified:    (   ) Yes   ( X ) No

	b.  Witness(es) testified:  (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  ( X ) NONE

				CASE NO:  AD97-00716

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:
	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

    b.  Request:  ( X ) Recharacterization    (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1, 2, 3)  The issues are rejected.  The record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that her discharge was based upon an isolated incident or that the order she disobeyed was unlawful.  The record shows the applicant was administered an Article 15 for; entering the men’s and the women’s segregated areas of a Dairy Queen in Saudi Arabia and stealing a sign; for disobeying a lawful order from her superior commissioned officer to remain confined to Khobar Towers during her off duty time; and for failing to go to her appointed place of duty on time.  The Board also noted that the applicant accepted the Article 15 without appeal.  Appealing Articles 15 is not in the purview of the Discharge Review Board.  If the applicant desires to remove it from her files she should apply to the Army Board for Corrections to Military Records by submitting a DD Form 149 to the address on the form.  The Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

   

3.  Response to item(s) not addressed as decisional issue(s):  ( X ) NA

			CASE NO:  AD97-00716

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .
	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                        
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-00716

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
LTC PHILLIPS
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

(X) NONE

SECTION B - CERTIFICATION

Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge		C - Other 
B - Material submitted by applicant 	

INDEX RECORD: 

AD9700716         970314    GD    930901    AR635-200 C3      A8000    NC 5-0 A
1          10 11 12        18    20        26                41       46 49  52

                  A9217   A*      A9235   A9411   A9305                     
                 53      58      63      68      73                           

			CASE NO:  AD97-00716

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  MAJ WYRICK, JIMMY              Mbr          X                 X       

    2.  LTC PHILLIPS, JOHN             Mbr          X                 X       

    3.  LTC SMITH, LILLIAN             Mbr          X                 X       

    4.  COL WHISKER, JILL              Mbr          X                 X       

    5.  COL MELCHIOR, ROBERT           PO           X                 X