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ARMY | DRB | CY2000 | 2000050563
Original file (2000050563.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: General, Under Honorable Conditions

2. Date of discharge (or REFRAD): 870401

3. Authority for separation:

         a. Regulation: NGR 600-200, VOCSG date confirmed 1 Jul 87

          b. Reason:

4. Prior review(s): Records/9 August 2000



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NONE
a. Period entered for: 8 Years
b. Entry date: 850822
c. Age: 19 Years DOB: 660806
d. Educational level: GED
e. Aptitude area score:
          GT: 96 3. Highest grade achieved:
f. Length of Service: E1
1 Year(s) 7 Month(s) 10 Day(s)

4. Performance evaluations:
NONE

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL 870303-870401;

         Mil conf 0

         Civil conf 0

         Other 0


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
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that the applicant departed from his advanced individual training unit at Aberdeen Proving Ground, Maryland in an AWOL status on 3 March 1987. On 4 September 1987, Orders 173-95, State of New York, Executive Department, Division of Military and Naval Affairs, Latham, NY, discharged the applicant from the Army National Guard and assigned him to the Reserve component and Aberdeen Proving Ground, Maryland, effective date: 1 April 1987. Additionally, the applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). His NGB Form 22 indicates that he was discharged under the provisions of NGR 600-200, with a characterization of service of general, under honorable conditions. Further, his NGB Form 22 also indicates that he was transferred to Aberdeen Proving Ground.

         b. On 1 July 1987, the applicant was discharged. He was credited with
1 year, 7 months, and 10 days active service on the enlistment under review.

2. Legal/Regulatory Basis for Separation Action : National Guard Regulation (NGR) 600-200 and VOCSG date confined 1 Jul 87 provide the procedures and policies concerning enlisted personnel management and separations of the Army National Guard and Reserve of the Army personnel.


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 001106, with eleven (11) 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:
         ( ) Records review ( X ) Hearing

         b. Type Held:
         ( )Records review ( X ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington, DC on 26 March 2001 .

         d. Appearance by:
         Applicant ( X ) Yes ( ) No
         Counsel ( X ) Yes ( ) No
         e. Applicant testified: ( X ) Yes ( ) No
        
         f. Counsel presentation: ( X ) Yes ( ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing: 21 documents

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), (2), (3), (4), (5), (6), and (7) The issues are rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review and heard his testimony. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. The evidence of record shows that the applicant was a member of the New York Army National Guard (NYARNG). While on active duty for training at Aberdeen Proving Ground, Maryland, the applicant went AWOL and was subsequently discharged from the NYARNG with a general, under honorable conditions discharge. It appears that at the time of his discharge from the NYARNG he was still in AWOL status and unavailable to sign his NGB Form 22. The NYARNG reassigned him to Aberdeen Proving Ground, and he was later dropped from the rolls of the Army with no further military obligation in June 1988. Given the circumstances in this case, the Board determined that while the applicant’s legal obligation to the military was terminated, he was still in AWOL status at the time of his discharge from the NYARNG. Accordingly, the Board being convinced that his discharge from the NYARNG was both proper and equitable, voted to deny relief.

 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 1 4

         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
NONE
SECTION B - CERTIFICATION

Approval Authority:


GERARD W. SCHWARTZ
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: 2000050563 INDEX NUMBERS: A8401
Date of Review: 010326 A9217
Character of Service: GD A0100
Date of Discharge: 870401
Authority: NGR 600-200
Reason: A8400
Results of Board Action/
Vote/Affirmation: NC 4-1 A













PART IX - VOTING RECORD



 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. LTC LONG, JOHN       Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X  X           

4.      Mbr      X          X    

5.      PO      X          X    






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