PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  GD

2.  Date of discharge (or REFRAD):  930929

3.  Authority for separation:

	a.  Regulation:  Chapter 13, AR 635-200

	b.  Reason:  Unsatisfactory Performance

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          AAM                        
a.  Period entered for:  6 Years               GCMDL
b.  Entry date:  890110                        NDSM
c.  Age:  21 Years   DOB:  670616              HSM                         
d.  Educational level:  HS Grad                ASR                              
e.  Aptitude area score:                       OSR
	    GT:  105                               3.  Highest grade achieved:
    f.  Length of Service:                         E4
        4 Years  8 Months  20 Days                                  
                                                           
                                               4.  Performance evaluations:  
                                                   NONE

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

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment: 

	Date 	Offense(s)
	930518    Failure to obey a lawful order (930428); willfully disobeying a lawful order (930429)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data
NONE

Other discharge(s):

	Service	From	To	Type Discharge

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  The evidence of record shows that on 23 August 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l3, AR 635 200, by reason of unsatisfactory performance, with a general, under honorable conditions discharge (GD).  The applicant was advised of her rights, consulted with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in her own behalf.  On 8 September 1993, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.  

	b.  On 29 September 1993, the applicant was discharged with a GD.  At the time of discharge, the applicant had completed 4 years, 8 months, and 20 days of active military service.

	c.  The applicant’s record shows that she completed almost 5 years of a 
6 year enlistment; attained the rank of specialist/E-4; completed an overseas tour in Germany; and earned an Army Achievement Medal, a Humanitarian Service Medal, and a Good Conduct Medal.  Her disciplinary record includes her acceptance of one Article 15 for two incidents of disobeying orders.  The applicant was enrolled in the weight control program on 15 December 1992 based on her exceeding body fat standards.  On 23 August 1993 the applicant’s unit commander initiated separation action on the applicant citing her failure in the weight control program and her misconduct as represented in the Article 15, outlined above, as the basis for taking the action.  

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 990126, with four (4) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington D.C. on 10 March 1999.

	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

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 of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    ( X )	Additional issue(s) identified during review/hearing as follows:

        Board Issue:  (5)  The characterization of service was too harsh.

	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 number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (5)  The issue is accepted.  After carefully examining the applicant’s record of service for the enlistment under review, the Board determined that the characterization of service was inequitable.  The applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entries in her record.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.

        (1), (2), (3), and (4)  See Paragraph 3, below.

3.  Response to items not addressed as decisional issues:

    Inasmuch as the Board voted to grant the relief requested by the applicant, responses to remaining issues are neither required nor rendered.

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                      .

	(   )	Equitable.
	( X )	Inequitable as to characterization.  Change characterization to Honorable.
	(   )	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       5         0   

	  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:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

MR. ADRIANCE                                                       
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  12 March 1999

     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 DD Form 2l4 to the applicant which reflects the following directed change(s):

           ( X )	Change the characterization of the discharge to Honorable.

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SUZANNE WALKER    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

AR Number:  1999021502                    INDEX NUMBERS:  A9218
Date of Review:  990310                                   A9202
Character of Service:  GD                                 A9212
Date of Discharge:  930929                                A9236
Authority:  AR 635-200                                    A9302
Reason:  A4900                                            A0100
Results of Board Action/                                  
Vote/Affirmation:  HD 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason         Characterization
                                           CHANGE   NC    HON   UHC   NC   UNCHAR
    1. 	Mbr          X      X                   

    2. 	Mbr          X      X                   

    3. 	Mbr          X      X                   

    4. 	Mbr          X      X                   

    5. 	PO           X      X