Application Receipt Date: 060627 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant stated in essence that her separation the Army and characterization of service were due to retaliation following an EEO complaint lodged against her supervisor. She submitted 20 pages of independent documentation which highlights her education, employment, and post service achievements. 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: 951207 Discharge Received: Date: 951213 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: Echo Company, 309th Military Intelligence Battalion, 111th Military Intelligence Brigade, Fort Huachuca, AZ 85613 Time Lost: None Article 15s (Charges/Dates/Punishment): 950623, failed to obey a lawful order issued by a commander and wearing civilian clothes on (950617)/Company Grade. 2nd Article 15: 951025, without authority, go from appointed place of duty on (951006), dereliction of duties on (951006)/Company Grade. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 710523 Current ENL Date: 950306 Current ENL Term: 8 Years ????? Current ENL Service: 0 Yrs, 9 Mos, 8 Days ????? Total Service: 1 Yrs, 6 Mos, 23 Days ????? Previous Discharges: USAR-940521-950305/NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: None GT: 122 EDU: College Grad Overseas: None Combat: None Decorations/Awards: NDSM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: BS, Retail; MS, Human Resources; Resume, Letters of employment history, letter of acceptance to Law School, Transcript of Master of Science Degree, 5 certificates of achievement and awards and study. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 7 December 1995, 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 discharge. She was advised of her rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, the issues and independent documents she submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of her faithful and honorable service, as well as her record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the time that has elasped since the applicant's discharge and her post service accomplishments, mitigated the discrediting entries in her service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 5 March 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: yes [redacted] Witnesses/Observers: None Exhibits Submitted: None 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, hearing her testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable. The Board found that the circumstances surrounding the applicant's discharge, her post service accomplishments and the time that has elapsed since her discharge, mitigated the discrediting entries in her service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to "1". Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority, under Ch 5, AR 635-200. Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 7 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009226 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages