Application Receipt Date: 060421 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 document. 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: NIF Discharge Received: Date: 930603 Chapter: 2-12 AR: 135-175 Reason: Moral or Professional Dereliction RE: SPD: NA Unit/Location: 80th Training Division AUG, Richmond, VA Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 560505 Current ENL Date: NIF Current ENL Term: NIF Years ????? Current ENL Service: NIF Yrs, NIFMos, NIFDays ????? Total Service: 10 Yrs, 10Mos, 25Days ????? Previous Discharges: RA-770606-880501/HD Highest Grade: MAJ/O4 Performance Ratings Available: Yes No MOS: 42A GT: NA EDU: Coll Grad Overseas: NIF Combat: None Decorations/Awards: OSR, Air Assault Badge, AAM (2d Award) V. Post-Discharge Activity Home of Record: NIF Current Address: Post Service Accomplishments: Records show that the applicant is currently a member the Maryland Army National Guard, she enlisted on 17 November 2003 for a period of 3 years, and on 14 September 2006, she extended for another 3 years giving her a expiration term of service (ETS) of 16 November 2009. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s records are void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve. However, the evidence of record shows that on 3 June 1993, Department of the Army, Headquarters, US Army Resources Command, 3800 North Camp Creek Parkway SW, Atlanta, GA, issued orders 167-050, and discharged the applicant from the Army Reserves, effective date: 3 June 1993, with an general, under honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 135-175 sets forth the basic authority for the separation of officer personnel. Chapter 2-12, in effect at the time, established policy and prescribed procedures for the involuntary separation of members for moral or professional dereliction. Moral and professional dereliction included: Intentional failure to meet personal financial obligations; mismanagement of personal affairs to the discredit of the service; intentional omission or misstatement of facts in official statements or records for the purpose of misrepresentation; acts of personal misconduct; homosexuality; intentional failure to participate satisfactorily in required IRR training; conviction by civil court of a felony resulting in confinement; and, conduct unbecoming an officer. Officers discharged for any of the following reasons may be furnished an honorable or general discharge certificate, or other than honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the term of service under review, and the independent evidence she submitted, the analyst recommends to the Board that the discharge be upgraded to fully honorable. The applicant’s record is void of the specific facts and circumstances concerning the events that led to her discharge from the United States Army Reserve, however, the analyst found that the overall length of the applicant's service, the time that has elasped since her discharge, and her post service accomplishment's, mitigated the discrediting entries in the service record. The analyst determined the narrative reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 March 2007 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 term of service under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable based on the overall length of the applicant's service, the circumstances surrounding the discharge, and her post service accomplishments. 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 miscellaneous/general reasons with a corresponding separation code (SPD) of "JND." 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: TO: ARBA Support Division-St Louis Date: 21 March 2007 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 1 directs that the ARBA Support Division-St Louis issue a new discharge order to the applicant which reflects the following directed changes: (X) Change characterization of discharge to Honorable. (X) Other (See remarks below). Remarks: This action entails issuing a new order discharging the applicant from the Reserve of the Army with an Honorable characterization of service RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 30 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005784 "CORRECTED COPY" Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages "CORRECTED COPY"