Application Receipt Date: 060616 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 060213 Discharge Received: Date: 060530 Chapter: 4 AR: 600-8-24 Reason: Unacceptable Conduct RE: SPD: BNC Unit/Location: E Company, 101st Brigade Troop Battalion, 101st Sustainment Brigade (Rear) (Provisional), 101st Airborne Division (Air Assault), Fort Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 640827 Current ENL Date: 020111 Current ENL Term: 04 Years ????? Current ENL Service: 04 Yrs, 04Mos, 20Days ????? Total Service: 09 Yrs, 06Mos, 12Days ????? Previous Discharges: RA-961119-020110/HD Highest Grade: 02 Performance Ratings Available: Yes No MOS: 65D00 (Physician Assistant) GT: 114 EDU: BS Overseas: None Combat: None Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, NCOPDR, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 13 February 2006, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of failure to complete an adequate family care plan. On 3 March 2006, the applicant voluntarily tendered her resignation from the service under the provisions of Chapter 4, AR 600-8-24, resignation in lieu of further elimination proceedings. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board and did not submit a statement in her own behalf. She understood that if her resignation was accepted, she could receive a honorable discharge. The chain of command recommended approval of the resignation in lieu of elimination proceedings with issuance of a honorable discharge. On 29 March 2006, the separation authority recommended approval of the resignation in lieu of elimination proceedings with issuance of a honorable discharge. On 1 May 2006, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the separation authority and directed that the applicant be separated with a characterization of service of honorable. b. Legal Basis for Separation: Army Regulation 600-8-24 sets for 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 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 as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's military records, and the issue she submitted, the analyst determined that the narrative reason for separation is quite clear and is governed by specific directives. The applicant was discharged under the provisions of paragraph 4-2b, AR 600-8-24. The narrative reason specified by Army Regulations for a discharge under this paragraph is "unacceptable conduct." There is no provision for any other reason to be entered. There is no evidence in the records that the command's action was erroneous, or that the applicant was not provided due process throughout the separation proceedings. In view of the foregoing, the narrative reason for discharge is proper and equitable and it is recommended that the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 May 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 narrative reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 31 May 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060008900 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages