PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: Under Other Than Honorable Conditions 2. Date of discharge (or REFRAD): 011106 3. Authority for separation: a. Regulation: Chapter 4, AR 600-8-24 b. Reason: Misconduct and Moral or Professional Dereliction 4. Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Service data: 2. Awards and decorations: MSM C/Ach(3) a. Period entered for: Indef. Years ARCOM(2ndAwd) C/A b. Entry date: 901119 AAM c. Age: 23 Years DOB: 680115 NDSM d. Educational level: Coll. Grad. ASR e. Aptitude area score: OSR(2ndAwd) GT: NIF 3. Highest grade achieved: f. Length of Service: 03 10 Year(s) 5 Month(s) 20 Day(s) 4. Performance evaluations: See OMPF 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) _________________________ 010713 Letter of Reprimand-You engaged in an improper relationship with 1SG that included sexual relations between (010212 and 010312)(administrative). 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 Other discharge(s): Service From To Type Discharge USAR 900511 901118 NA PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 30 April 2001, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction. On 15 August 2001, 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 chain of command recommended approval of the resignation in lieu of elimination proceedings with issuance of an under other than honorable conditions discharge. On 6 September 2001, Major General, USA, Commanding recommended approval of the resignation in lieu of elimination proceedings with issuance of an under other than honorable conditions. On 11 October 2001, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. b. On 6 November 2001, the applicant was discharged. At the time of discharge, the applicant had completed 10 years, 5 months, and 20 days of active military service in the period under review and had a total of 14 years, 3 months and 13 days of active military service. 2. Legal/Regulatory Basis for Separation Action: Army Regulation 600-8-24 sets for the basic authority for Officer transfers and discharges. Chapter 4 outlines the policy and procedure for the eliminating officer from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security. 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 020808, with twelve (12) 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, DC on 9 December 2002. 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: ( ) 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 parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above. (2) The issue is rejected. The Board carefully examined the applicant’s official record during the period under review. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. The Board noted the applicant’s contentions; however, determined that she should have raised the issue of adequate legal representation at the time of her discharge. In addition, the Board noted that the applicant, voluntarily and in writing, waived her right to legal representation and appearance before a board of officers. The applicant's discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by an officer. Her misconduct diminished the quality of her service below that meriting a fully honorable or general discharge. The Board noted the applicant's successful transition to civilian life, but found that her accomplishments did not overcome the reason for discharge and characterization of service granted. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. 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. (1), (3), and (4) The issues are rejected. See response to issue (2), above. 3. Response(s) to item(s) not addressed as decisional issue(s): NONE 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 1 4 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                            Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: JOHN F. LONG 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: 2002077807 INDEX NUMBERS: A9217 Date of Review: 021209 A9221 Character of Service: UD A0113 Date of Discharge: 011106 Authority: AR 600-8-24 C4 Reason: A8000 Results of Board Action/ Vote/Affirmation: NC 4-1 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. Mbr      X          X