Application Receipt Date: 060306 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. 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: 020107 Discharge Received: Date: 020123 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Medical Company, USA MEDDAC, Fort Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): 020228/Special Court-Martial/Conspiring to commit fraud and making a false official statement. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 690317 Current ENL Date: 000502 Current ENL Term: 06 Years ????? Current ENL Service: 01 Yrs, 08Mos, 22Days ????? Total Service: 14 Yrs, 00Mos, 21Days (This information is based on the applicant's DD Form 214 under review) Previous Discharges: ARNG-000000-890227/NA ADT-890228-890509/HD ARNG-890510-920930/NA (Applicant's records show's that she has 3 years 8 months and 1 day of prior inactive service which can not be verified) RA-921001-960714/HD (Records show that the applicant enlisted on active duty 921001, however, the DD Form 214 under review show's a date of 920319) RA-960715-961208/HD RA-961219-000501/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 75B10 (Personnel Administration Specialist) GT: 99 EDU: BA Overseas: Germany Combat: None Decorations/Awards: AAM (3d Award), ARCOM, Military Outstanding Volunteer Medal, AGCM (2d Award), NDSM, NCOPDR, ASR, OSR (2d Award). V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Has worked the last 4 years at receiving a bachelor's degree to become a teacher and expects to enter the classroom August of 2006. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 7January 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (convicted by a special court-martial empowered to adjudge a bad conduct discharge for conspiring to commit fraud and making a false official statement), 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 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 26 November 2001, 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 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, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or 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, and the independent evidence she submitted, the analyst recommends to the Board that the discharge be upgraded 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 applicant’s characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service and her post service accomplishments, mitigated the discrediting entries in the service record. However, the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070117 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 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: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070119 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003357 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages