Application Receipt Date: 060207 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. The applicant stated that she was an exceptional soldier and would like to serve her country in a time of need. 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: 960116 Discharge Received: Date: 960216 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKD Unit/Location: Headquarters and Headquarters Company, 4th Brigade, 1st Armored Division, APO AE 09165 Time Lost: None Article 15s (Charges/Dates/Punishment): 940323 - Operation of a motor vehicle while drunk (940218)/Field Grade 940301 - General Officer Memorandum of Record (DUI 940218)/Administrative Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 721102 Current ENL Date: 950706 Current ENL Term: 3 Years ????? Current ENL Service: 0 Yrs, 6 Mos, 11Days ????? Total Service: 5 Yrs, 6 Mos, 27 Days ????? Previous Discharges: ARNGUS 900713-920402/NA RA-920403-950705/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92G1L, Food Service Specialist GT: 87 EDU: HS Grad Overseas: Germany (920415-950414) Combat: None Decorations/Awards: ASR, GCML V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Transcripts from course of study at State University of NY at Buffalo 1998-2002. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 16 January 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct - commission of a serious offense (for stabbing a fellow soldier in the right arm while drunk (950818), operating a vehicle, to wit, a passenger car, while drunk (940218), numerous counseling statements for being late to work, disrespect and not following orders) with a general, under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 2 February 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Military Police Report dated (950819). Military Police Report dated (940218). b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review and the independent evidence she submitted, the analyst noted that the unit commander used “Board Procedures” when notifying the applicant that he was initiating action to separate her under the provisions of Chapter 14, AR 635-200, by reason of misconduct. By using “Board Procedures” the authority for approval of the applicant’s separation rested with the General Court-Martial Convening Authority. The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant’s discharge. In view of the foregoing, the discharge was improper. Accordingly, full 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 is recommended to the Board. This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing:Record Review Date: 13 December 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 discharge was improper. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action does not entail a change to the reentry eligibility (RE) code. 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: Secretairal 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: 15 December 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001930 Applicant Name: Ms. ______________________________________________________________________ Page 4 of 6 pages