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ARMY | DRB | CY1997 | 199703144
Original file (199703144.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): UOHC

2. Date of discharge (or REFRAD): 821201

3. Authority for separation:

         a. Regulation: Chapter 7, NGR 600-200

          b. Reason: 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: 780620                               C/A
c. Age: 20 Years DOB: 571025
d. Educational level: 11 Years
e. Aptitude area scores: ( X ) NIF/NA
          GT: 84 3. Highest grade achieved:
f. Actual creditable service: 4 Years
5 Months 12 Days Grade
E3

4. Performance evaluations:
( X ) NONE


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

5. Periods of unauthorized absence: ( X ) NONE

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            Type
         ADT               Hon Rel


PART IV - PREHEARING REVIEW
SECTION A - Facts and Issues

1. Summary of facts and circumstances concerning discharge:
         821130:  Orders 237-31, State of Maryland, Military Department, Fifth                       Regiment Armory, Baltimore, MD, discharged the applicant from the                 Army National Guard with issuance of an under other than honorable                conditions discharge and assigned him to the USAR Control Group                            (AT).
         821201:  Applicant was discharged.
2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
          As stated on applicant’s DD Form 293.
3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 960308.



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 discharge under other than honorable conditions be recharacterized to general.

2. APPLICANT CONTENDS : That his discharge under other than honorable conditions was inequitable because it was based on one isolated in 28 months of service.
3. COUNSEL CONTENDS : The applicant is not currently represented by counsel.

4. SUMMARY OF SERVICE :

Records show that the applicant enlisted in the Maryland Army National Guard (ARNG) on 20 June 1978 for a term of six years. He completed infantry training and was assigned to a unit. The applicant’s records do not contain the facts and circumstances leading to his discharge; however, his records show that he was reduced for inefficiency under the provisions of National Guard Regulation (NGR) 600-200 effective 4 January 1980.

The applicant’s National Guard Bureau Form 22 (Report of Separation and Record of Service) shows that he was discharged under other than honorable conditions from the Maryland ARNG effective 1 December 1982 under the provisions of NGR 600-200, paragraph 7-10m, and transferred to the Army Reserve Control Group (Annual Training). He was discharged under other than honorable conditions from the Army Reserve Control Group on 29 August 1984 under the provisions of Army Regulation 135-178.

5. LEGAL/REGULATORY BASIS FOR SEPARATION :
National Guard Regulation (NGR) 600-200 governs procedures for enlisted personnel of the Army National Guard. Chapter 7 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel. Paragraph 7-10m provides for separation “for other good and sufficient reasons”.

 Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 7 of the regulation, in effect at the time of the applicant’s discharge, governed separation for fraudulent entry, conviction by civil court, other disqualifying patterns or acts of conduct and unsatisfactory participation of statutorily obligated members. When discharged under this provision, the characterization of service was normally under other than honorable conditions.
6. ISSUES OF PROPRIETY : The applicant submitted no issues of propriety.

7. ISSUES OF EQUITY : The applicant submitted one issue of equity.

The issue is that his discharge was inequitable because it was isolated incident in 28 months of service with no other adverse action.

8. POSSIBLE BOARD ISSUES : None.
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 ADRB has not otherwise relied upon an issue of propriety to change the discharge.

          b. Equity:       The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
         (1) The issue is rejected. The applicant’s record is void of facts and circumstances concerning events that led to a discharge from the Army. The Board did note that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty). This document identifies the reason and characterization of the discharge and the Board presumed government regularity in preparation of the document. Accordingly, the Board found the reason and characterization of discharge to be both proper and equitable.
3. Response to item(s) not addressed as decisional issue(s): ( X ) NA
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.      

___________________________________      
MR SHAW
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:

AD9703144 A 971217 UD 840829 AR135-178 A6000 NC 5-0A
1 10 11 12 18 20 26 41 46 49 52

A9235 A0143
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 ARBA Support Division, St. Louis without action.

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


PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC SMITH, LILLIAN Mbr      X          X    

2. COL SHATSER, WILSON A. Mbr      X          X    

3. COL JACKSON, MICHAEL Mbr      X          X    

4. COL ALLEN, THOMAS Mbr      X          X    

5. COL MELCHIOR, ROBERT PO      X          X    






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