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ARMY | DRB | CY2000 | 2000040584
Original file (2000040584.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 880114

3. Authority for separation:

         a. Regulation: Chapter 8, NGR 600-200

          b. Reason: 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:
                            NONE
a. Period entered for: 3 Years
b. Entry date: 861128
c. Age: 28 Years DOB: 580318
d. Educational level: 15 Years
e. Aptitude area score:
          GT: 124 3. Highest grade achieved:
f. Length of Service: E4
1 Year(s) 1 Month(s) 17 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: NGB Form 22 shows a characterization of service of honorable, but the Orders 14-31, shows a characterization of service of general, under honorable conditions.
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         USAFR 760521 761019 NIF
         USAF 761020 770827 NIF
         ARNG 840725 851210 NIF



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 28 January 1988, Orders 14-31, State of Arizona, Department of Emergency and Military Affairs, Division of Military Affairs (Army), Office of the Adjutant General, discharged the applicant from the Arizona Army National Guard, effective 14 January 1988, with a general, under honorable conditions discharge. The applicant’s record also contains an NGB Form 22 (Report of Separation and Record of Service), which indicates, that she was discharged under the provisions of Chapter 8, Paragraph 8-27g, NGR 600-200 by reason of unsatisfactory participation with an honorable characterization of service.
         b. On 14 January 1988, the applicant was discharged. She was credited with
1 year, 1 month, and 17 days of active service on the enlistment under review.

         c. A discrepancy in the type of characterization of service from the Arizona National Guard was noted. The applicant’s discharge order issued her a general, under honorable conditions discharge; however, on her NGB Form 22 the applicant has an honorable characterization of 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 8-27(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 000329.
         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 9 May 2000

         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 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 applicant's record of service during the period of enlistment under review. The Board noted the applicant’s contention that she had an emergency family situation that prevented her from attending drills; however, the applicant provided no independent corroborating evidence to support her contention. The evidence of record revealed that the applicant was discharged under the provisions of Chapter 8, 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 concluded that the applicant’s acts of misconduct diminished the quality of her service below that meriting a fully honorable discharge. Finally, the Board presumed administrative regularity and found no evidence of arbitrary or capricious actions by the command. 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(s) to item(s) not addressed as decisional issue(s):

The Board noted a discrepancy in the characterization of service that the applicant received from the Arizona Army National Guard. According to the applicant’s discharge order, she was discharged with a general, under honorable conditions discharge; however, on her NGB Form 22 the characterization of her service is listed as honorable. It appears that someone involved with the discharge process inadvertently changed it to honorable. The Board determined that it was more favorable to the applicant to leave the characterization on the NGB Form 22 as honorable, instead of changing it to general under honorable conditions as indicated by the applicant’s discharge order.
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       

                                 
MRS. WADE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


WILSON A. SHATZER
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: 2000040584 INDEX NUMBERS: A9217
Date of Review: 000509 A0100
Character of Service: HD A9309
Date of Discharge: 880114
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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