Application Receipt Date: 060420 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: 020816 Discharge Received: Date: 020927 Chapter: 5/6 NGR: 600-5 and AR135-18 Reason: Involuntary Early Release in the Best Interest of the Government RE: SPD: NA Unit/Location: HQ STARC, 5TH REGT ARMORY Time Lost: 18 days AWOL (020803-020820). Applicant surrendered to military authority. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 780122 Current ENL Date: AGR/AD-010919 Current ENL Term: 03 Years ????? Current ENL Service: 01 Yrs, 00Mos, 08Days ????? Total Service: 06 Yrs, 06Mos, 16Days ????? Previous Discharges: ARNG-960223-010918/NA Highest Grade: E5 Performance Ratings Available: Yes No MOS: 71L10 (administrative Specialist) GT: NIF EDU: NIF Overseas: None Combat: None Decorations/Awards: AAM, ARCAM, NCOPDR, ASR, Army Components Overseas Training Ribbon. 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: The evidence of record shows that on 16 August 2002, the human resource officer notified the applicant of initiation of separation action under the provisions of Chapter 6, NGR 600-5, by reason of being AWOL, with a honorable discharge. The applicant's record is void of the facts and circumstances that led to the approval of her discharge by the approving authority. However, on 26 September 2002, Orders 149-109 MD-STARC-ARP, State of Maryland, Military Department, Fifth Regiment Armory, Baltimore, Maryland, discharged the applicant from the Active Guard Reserve (AGR) status, reverting her to a traditional Soldier status effective 27 September 2002. The applicant's DD Form 214 indicates that she was discharged under the provisions of Chapter 5 or 6, NGR 600-5, for involuntary early release in the best interest of the government with a characterization of service of honorable. Furthermore, the DD Form 214 shows a Separation Code of OOO, with a reentry eligibility (RE) code of "NA." On 21 August 2002, the applicant's records indicates that she was placed on convalescent leave. The applicant's record also shows that on 10 September 2002, she submitted a rebuttal as required stating why the separation action submitted against her was not justified. She states that she was the victim of a violent and brutal beating by another Soldier. b. Legal Basis for Separation: National Guard Regulation 600-5 sets forth the policy and procedures for management of the AGR program in the Army National Guard. Chapter 6 establishes policy and prescribes procedures for separating members. Specific categories include inappropriate professional and personal conduct, moral or professional dereliction, loss of professional qualifications required for the performance of assigned duties, substandard duty performance, acts of expressed sentiments of racism, sexism, or prejudice against ethnic or religious groups, and failure to attain and maintain medical, physical fitness and weight standards. The Adjutants General will review all recommendations for separation under this paragraph and will make the final determination. This authority will not be delegated. Adjutants General, as the approving authority, may not initiate separation actions under provisions of this paragraph. c. Response to Issues, Recommendation and Rationale: After a careful review of the applicant’s available military records, and the issues she submitted, the analyst determined that the applicant's narrative reason for separation was and as a result is inequitable. The analyst does not condone the applicant’s misconduct; however, determined that the circumstances surrounding her AWOL, which terminated her from the AGR program in the Army National Guard was mitigating factors to recommend an change to the narrative reason for separation to Secretarial Authority. 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: Date: 061106 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, hearing her testimony and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was too harsh, and as a result it is inequitable. The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant's service, the circumstances surrounding the discharge, and her post service accomplishments mitigated the discrediting entry in her service record. Accordingly, the Board voted to change the narrative reason for discharge to Secretarial Authority. This action does entail a change to the reentry eligibility (RE) code to (1). 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: Secretarial Authority under Chapter 5 AR 635-200. Other: TO: ARBA Support Division-St Louis Date: 6 November 2006 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s): (X) Change reason and authority for discharge to Secretarial Authority, under Chapter 5 AR 635-200. 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: ESMERALDA G. PROCTOR DATE: 061113 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005687 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages