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ARMY | DRB | CY1999 | 1999029182

Original file (1999029182.rtf) Auto-classification: Denied

PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UOHC

2. Date of discharge (or REFRAD): 950916

3. Authority for separation:

         a. Regulation: Chapter 8, NGR 600-200

         b. Reason: Misconduct-Unsatisfactory Participation

4. Prior review(s): NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.       Service data: 2. Awards and decorations:
                           NDSM
a. Period entered for: 8 Years ASR
b. Entry date: 931103
c. Age: 23 Years DOB: 700905
d. Educational level: GED
e. Aptitude area score:
         GT: 97 3. Highest grade achieved:
f. Length of Service: E3
1 Year 10 Months 14 Days

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

Other discharge(s):

         Service From      To        Type Discharge
         ARNG 940204 940513 HD

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. The specific facts and circumstances surrounding the events which led to the applicant’s separation from the Pennsylvania Army National Guard, under the provisions of Paragraph 8-26q, NGR 600-200, are not contained in the available records. However, the record does have a properly constituted National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service). This form documents the following facts: Authority and Reason for Separation-Paragraph 8-26q, NGR 600-200, Unsatisfactory Participation; Character of Service-Under Other than Honorable Conditions (UOHC); and Reenlistment Eligibility (RE) Code-RE-4. The records also contains Orders Number 179-057, dated 15 September 1995, issued by The Adjutant General of the Commonwealth of Pennsylvania, Department of Military Affairs, which discharged the applicant from the Army National Guard (ARNG), and as a reserve of the Army, effective 16 September 1995.

         b. On 16 September 1995, the applicant was discharged from the ARNG with a UOHC discharge. At the time of his discharge the applicant had completed 1 year, 10 months, and 14 days of ARNG service.

         c. The applicant’s record shows that he completed almost two years of ARNG service; that he had successfully completed One Station Unit Training at Fort Benning, Georgia and was awarded military occupational specialty (MOS) 11B (Infantryman); and the highest grade he held while in the ARNG was private first class/E-3. There are no documented acts of valor, significant achievement, or service warranting special recognition contained in the record. The record also shows that the applicant was administratively reduced from private first class/
E-3 to private/E-2 for misconduct on 29 March 1995. The applicant indicates that he communicated in writing to a sergeant in charge of records at his station that he wanted to transfer from the ARNG to the United States Army Reserve (USAR) because there was a reserve unit closer to his home. He also indicated that he lacked the transportation means to get to his ARNG unit and he was experiencing personal problems. However, the applicant provided no documentation to support this claim nor did he address weather or not he was undergoing separation processing by the ARNG at the time.

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 8-27(g) of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period.

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 990714.
         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 D.C. on 11 August 1999 .

         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 ( X ) 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 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 noted the applicant’s contention that, in effect, his discharge was improperly coded because he had requested a transfer to the USAR based on personal problems and the lack of transportation to his ARNG unit. However, the Board concluded that this claim was not supported by the evidence of record or the independent evidence submitted by the applicant. The specific facts and circumstances surrounding the events which led to the applicant’s discharge are not contained in the available records. The Board did note that the applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.

(2) The issue is rejected. The Board noted the applicant’s contention that, in effect, he was told by his recruiter that his reenlistment eligibility (RE) code would have to be changed in order for him to join the reserves because the reason for his separation was non participation in unit drills; and that this was unfair since he had no record of misconduct. However, this contention is not supported by the evidence of record. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with applicable law and regulations, and that the character of the discharge is commensurate with his overall record of service. In view of the circumstances in this case, the assigned
RE code was appropriate . Finally, the Army Discharge Review Board cannot change the applicant’s RE code. To obtain a change in an RE code, the applicant should submit a request, along with supporting documents of justification, to the Commander, US Army PERSCOM, ATTN: TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia 22331-0450.

         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.

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. ADRIANCE
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:

SUZANNE WALKER
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: 1999029182 INDEX NUMBERS: A9217
Date of Review: 990811 A9445
Character of Service: UD A0100
Date of Discharge: 950916
Authority: NGR 600-200 C8
Reason: A8400
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

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ARMY | DRB | CY1999 | 1999029182

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