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ARMY | DRB | CY1997 | 199701648
Original file (199701648.rtf) Auto-classification: Denied

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): GD

2. Date of discharge (or REFRAD): 830624

3. Authority for separation:

         a. Regulation: National Guard Regulation 600-200

 b. Reason: Separation for Unsatisfactory Participation
4. Prior review(s): ( X ) NONE
5. Action requested: ( X ) Recharacterization ( ) Change of Reason


PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
a. Period entered for: 6 Years Type
b. Entry date: 790404                               NONE
c. Age: 19 Years DOB: 590421
d. Educational level: 9
e. Aptitude area scores:
         GT: 100 3. Highest grade achieved:
f. Actual creditable service: 4 Years
2 Months 21 Days Grade
E-2

4. Performance evaluations:
( X ) NONE


PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence:

 Status Inclusive dates
         AWOL 8205-8305 (approximately 1 year, 40 periods)

 6. Nonjudicial punishment: (X) NONE

7. Court-Martial data: ( X ) NONE
8.       Remarks: ( X ) NONE
SECTION B - Other Service Data


1. Other discharge(s):

         Service            From Through Type
         ADT               790516 790609 HD







PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:
         830601:  Unit commander recommended that the applicant be separated with a
                  general discharge under the provisions of paragraph 7-10r, National
                  Guard Regulation 600-200 for unsatisfactory participation. The
                  applicant had been absent without leave (AWOL) from May 1992 through
                  May 1993, and had accrued a total of 40 periods AWOL.
         830624:  The intermediate chain of command requested a waiver to
                  expeditiously separate the applicant.
         830624:  Separation authority approved the request and directed the issuance
of a general discharge.
         830624:  Applicant was discharged.
         
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
See attached DD Form 293
         
3. Exhibit(s) submitted:

         A-1: DD Form 293, undated.
PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits

1. Review/Hearing information:
         a. Applicant testified: ( ) Yes ( X ) No
        
         b. Witness(es) testified: ( ) Yes ( X ) No

 2. Exhibit(s) submitted at hearing: ( X ) NONE
PART V HEARING SUMMARY
SECTION B-Case Analyst’s Summary

1. APPLICANT REQUESTS : That his general discharge (GD) be upgraded to a fully honorable discharge.

 2. APPLICANT CONTENDS : That he was discharged for not being able to account for gear that he was issued. After his discharge he was notified that the gear was located.

 3. COUNSEL CONTENDS : The applicant is not currently represented by counsel.

4. SUMMARY OF SERVICE : Evidence of record indicates that the applicant was born on 21 April 1959. He completed 9 years of formal education prior to enlisting in the Massachusetts Army National Guard (MAARNG) on 4 April 1979. The applicant was ordered to active duty for training (ADT) on 16 May 1979. Upon completion of ADT on 9 June 1979, the applicant was awarded military occupational specialty 11C10 (Indirect Fire Infantryman). He was honorably discharged from ADT and returned to National Guard status and reassigned to his former MAARNG unit. The highest grade the applicant achieved was pay grade E-2.

The unit states that the applicant was sent AWOL notification letters prior to September 1982 the letters were discontinued after that time period because they believed the applicant was being processed for discharge. The letters are not a matter of record.

Between May 1982, and May 1983 the applicant accrued a total of 40 periods of AWOL. On 11 May 1983, the applicant was mailed a certified letter advising him of the unexcused absences. The letter was returned unclaimed. The letter is contained in the Official Military Personnel File (OMPF).

 On 1 June 1983, the unit commander recommended that the applicant be separated with a general discharge under the provisions of paragraph 7-10r, National
Guard Regulation 600-200 for unsatisfactory participation.
        
On 24 June 1983, the intermediate chain of command requested a waiver to
 expeditiously separate the applicant. The separation authority approved the recommendation and directed the issuance of a general discharge, the applicant was discharged from the Army National Guard and transferred to the US Army Reserve Control Group (Annual Training), RCPAC, St. Louis, Missouri. He had accrued a total of 4 years 2 months and 21 days of creditable service.

5. LEGAL/REGULATORY BASIS FOR SEPARATION :
National Guard Regulation 600-200, paragraph 7-10r sets forth the basic authority for the separation of enlisted personnel for unsatisfactory participation. Either a general or honorable discharge may be awarded.
6. ISSUES OF PROPRIETY : The applicant has presented no issues of propriety.

7. ISSUES OF EQUITY : Evidence of record indicates the applicant was discharged for unsatisfactory participation. The applicant accrued 40 periods of AWOL between May 1982 and May 1983. There is nothing in the applicant’s OMPF to indicate that he was discharged because he could not account for gear that he was issued.



PART VI - ISSUES AND FINDINGS

1. Applicant's issue(s) of propriety and/or equity:
          ( X )   Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
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 Army Discharge Review Board has not otherwise relied upon an issue of propriety to change the discharge.

          b. Equity:       The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.

 (1) The issue is rejected. The evidence of record revealed that the applicant was discharged under the provisions of Chapter 7, National Guard Regulation 600-200 for unsatisfactory participation as a result of numerous unexcused absences from scheduled unit training assemblies. The Board also noted that the unit attempted to contact the applicant on several occasions, without success. The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. 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 to item(s) not addressed as decisional issue(s):


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: ( X ) NA
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

___________________________________
MS. CHANDLER
Case Analyst and Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:
WILLIAM E. MATHEWS
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:



JIMMY R. WYRICK
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AD9701648 980107 GD 830624 NGR600-200 C7 A8400 NC 5-0A
1 10 11 12 18 20 26 41 46 49 52

A0113 A9217
53 58


REMARKS
Case Management Data

( ) Notify inquiries clerk. Response to other correspondence required upon completion of case.

( ) Escalated mode of hearing. Applicant is entitled to another review only if he/she/authorized representative appears before a hearing panel. If there is no response to notification letter or applicant/representative fails to appear for the hearing, the case will be returned to the Army Reserve Personnel Center (ARPERCEN) without action.

( ) DD Form 149 in file. Send case to ABCMR.


PART IX - VOTING RECORD

         Name  Reason Characterization
                                                               C HANGE NC HON UHC NC UNCHAR
1. LTC SMITH, LILLIAN C. Mbr      X          X    

2. COL JACKSON, MICHAEL H. Mbr      X          X    

3. COL SHATZER, WILSON A. Mbr      X          X    

4. COL MILLER, JOEL D. Mbr      X          X    

5. COL ALLEN, THOMAS J. PO      X          X    





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