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ARMY | DRB | CY1999 | 99032309
Original file (99032309.rtf) Auto-classification: Approved
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): 950725

3. Authority for separation:

         a. Regulation: Chapter 8, NGR 600-200

          b. Reason: Misconduct-Unsatisfactory Participant
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: 3 Years 33 wks
b. Entry date: 930527
c. Age: 23 Years DOB: 690907
d. Educational level: 11 Years
e. Aptitude area score:
          GT: 110 3. Highest grade achieved:
f. Length of Service: E3
3 Year(s) 1 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: Bar to Reenlistment (undated)
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         ARNGUS/PAARNG 880203 920202 HD
         ARNGUS 880222 880711 HD
          (concurrent svc)


PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 17 July 1995, Orders 136-026, Commonwealth of PA, Department of Military Affairs, the Adjutant General, PA, discharged the applicant from the ARNG, effective date: 25 July 1995. The applicant was not available to sign his 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 8-26q, NGR 600-200 by reason of misconduct-unsatisfactory participant with a characterization of service of under other than honorable conditions discharge. The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.

         b. On 25 July 1995, the applicant was discharged with an under other than honorable conditions discharge, under the provisions of Chapter 8, NGR 600-200, by reason of misconduct-unsatisfactory participant. He was credited with
3 years, 1 month, and 29 days active service on the enlistment under review.

2. Legal/Regulatory Basis for Separation Action : National Guard Regulation (NGR) 600-200 governs 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 8-26(q) of that regulation provides in pertinent part that individuals can be separated for acts or patterns of misconduct. Paragraph 8-27 (g) provides for individuals being separated by reason of unsatisfactory participant.
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 990930, with two (2) enclosure(s).
         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 17 November 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:
         ( X )   Additional issue(s) identified during review/hearing as follows:
Board issue: (2) The characterization of service is too harsh.

         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.

 (2) The issue is accepted. The Board carefully reviewed the applicant’s record of service during the period of enlistment under review.
There was a full consideration of all service including the infractions of discipline, the extent thereof, and the seriousness of the offense. While the Board does not condone the applicant’s misconduct, the Board concluded that serious personal problems mitigated his misconduct. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to general, under honorable conditions. Furthermore, the Board determined that the applicant’s NGB Form 22 requires an administrative correction to Item 23 (Authority and Reason). Item 23 currently reflects “NGR 600-200, Paragraph 8-26q; Misconduct-Unsatisfactory Participation”. The Board believes that Item 23 should reflect “NGR 600-200, Paragraph 8-27g; Unsatisfactory Participant.”

(1) The issue is rejected. The Army Discharge Review Board cannot change the applicant’s reentry eligibility (also known as the reenlistment) (RE) code. The applicant should address this issue with the appropriate State Adjutant General.
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                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to General, Under Honorable Conditions .
         ( )      Inequitable as to reason. Change reason to                       
                  under                                  .
         ( X )    The reason for separation cited was an administrative/clerical error and should be changed to Unsatisfactory Participant under Paragraph 8-27g, NGR 600-200.
2. Voting record: Change No Change
         Reason 0 5
Characterization 5 0

         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       
                                 
Ms. McKim-Spilker
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

THRU: Chief, National Guard Bureau                Date: 19 November 1999
TO: Adjutant General, State of Pennsylvania

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78 th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I recommends that the applicant be considered for a change of his discharge by the Adjutant General, State of Pennsylvania, with issuance of a new NGB Form 22, as follows:

         ( X ) Change characterization of discharge to
         General, Under Honorable Conditions.
         ( X ) Other (see remarks below).

Remarks: This action includes a restoration of rank to Private/E-2, the administrative correction to the applicant’s NGB Form 22 addressed in Part VI, Paragraph 2 of this Case Report and Directive, and the amending of Pennsylvania Army National Guard Orders 136-026 to show that the applicant was discharged from the Reserve of the Army with a General, Under Honorable Conditions discharge.

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: 1999032309 INDEX NUMBERS: A9406
Date of Review: 991117 A0100
Character of Service: UD
Date of Discharge: 950725
Authority: NGR 600-200 C8
Reason: A4900
Results of Board Action/
Vote/Affirmation: GD 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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