PART II - APPLICATION DATA (Note: Part I deleted under the Privacy Act on Reading Room copy) 1. Character of Discharge: Uncharacterized 2. Date of discharge (or REFRAD): 940606 3. Authority for separation: a. Regulation: NGR 600-200, PARA 8-26u b. Reason: Defective Enlistment Agreement 4. Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Service data: 2. Awards and decorations: NONE a. Period entered for: 8 Years b. Entry date: 930108 c. Age: 17 Years DOB: 750617 d. Educational level: 12 Years e. Aptitude area score: GT: 97 3. Highest grade achieved: f. Length of Service: E1 1 Year(s) 4 Month(s) 29 Day(s) 4. Performance evaluations: NONE 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: NONE Date Offense(s) 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 NONE Other discharge(s): Service From To Type Discharge PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. The evidence of record shows that the on 8 January 1993, Orders 5-12, DOD, MEPS, Dallas, Texas, ordered the applicant to initial active duty for training (IADT) for 9 weeks to attend basic training under the alternate split training program with a reporting date of 15 June 1993. The record contains no evidence indicating that he ever reported for IADT. On 6 July 1994, Orders 127-116, State of Texas Adjutant General’s Department, Austin Texas discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 6 June 1994 with service uncharacterized. The record also contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, Paragraph 8-26u, NGR 600-200, by reason of defective enlistment agreement with service uncharacterized. The specific facts and circumstances pertaining to the applicant’s discharge are not contained in the available records. b. On 6 June 1994, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, 4 months, and 29 days of active military service. 2. Legal/Regulatory Basis for Separation Action: National Guard Regulation (NGR) 600-200 and Army Regulation 135-91 govern procedures covering enlisted personnel management of the Army National Guard. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard. Paragraph 8-26u of that regulation provides in pertinent part for the separation of soldiers by reason of defective enlistment agreement (includes soldiers unable to attend IADT within the maximum time frames). 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 011212. 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 20 February 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 applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge. 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) The issue is rejected. The Board carefully examined the available records for the period of enlistment under review. The evidence of record shows that the applicant was ordered to initial active duty for training (IADT) for a period of 9 weeks to complete basic training under the alternate (split) training program. The record contains no evidence that the applicant ever reported for IADT. Although, the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and as a Reserve of the Army; the applicant’s record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service). That NGB Form 22 indicates that the applicant was discharged, in absentia, under the provisions of Chapter 8, Paragraph 8-26u, NGR 600-200, by reason of a defective enlistment agreement with service uncharacterized. Paragraph 8-26u, provides in pertinent part for the separation of soldiers by reason of defective enlistment agreement which includes soldiers unable to attend IADT within the maximum time frames. In view of the foregoing, and barring evidence to the contrary, the Board determined that the applicant was in an entry-level status (ELS) at the time of his discharge and consequently his service was uncharacterized. A general discharge is not authorized under ELS conditions. A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The Board determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. 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 0 5 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                            MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority: GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board Official: EARNEST C. SMITH, JR. 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: 2002066542 INDEX NUMBERS: A9217 Date of Review: 020220 A0143 Character of Service: EL A0113 Date of Discharge: 940606 Authority: NGR 600-200 C8 Reason: A0600 Results of Board Action/ Vote/Affirmation: NC 5-0 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. PO      X          X