Upgrade.Vet

ARMY | DRB | CY2000 | 2000050820

Original file (2000050820.rtf) Auto-classification: Approved

PART II - APPLICATION DATA

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

1. Character of Discharge: Under Other Than Honorable Conditions

2. Date of discharge (or REFRAD): 990707

3. Authority for separation:

         a. Regulation: Chapter 8-26e(2), 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:
                           ASR
a. Period entered for: 8 Years
b. Entry date: 950130
c. Age: 27 Years DOB: 6708045
d. Educational level: GED
e. Aptitude area score:
         GT: 108 3. Highest grade achieved:
f. Length of Service: E2
4 Year(s) 5 Month(s) 8 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: NONE

SECTION B - Prior Service Data

Other discharge(s):

         Service From      To        Type Discharge
         USARNG   871000   881118   NA
         ADT      871119   880311   Uncharacterized
         USARNG   880312   881115   NA
         RA       881116   891204   General
         USARNG   891205   NIF      NIF
         (Continued Service)

PART IV - PREHEARING REVIEW

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

         a. The evidence of record shows that the applicant was notified on 5 February 1999 of the administrative separation board. On 6 March 1999, the board met; applicant was represented by counsel. The board recommended separation with an under other than honorable conditions discharge. On 1 June 1999, the Col., JA, PAARNG, State Judge Advocate reviewed the proposed separation action and found it to be legally sufficient. 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 NGR 600-200, Chapter 8-26e(2), with a characterization of service of under other than honorable conditions. On 6 July 1999, Orders 128-027, Commonwealth of Pennsylvania, Dept. of Military and Veterans Affairs; Office of the Adjutant General, Annville, Pennsylvania, discharged the applicant from the Army National Guard and the Reserve of the Army, effective 7 July 1999.

         b. On 7 July 1999, the applicant was discharged. He was credited with 4 year, 5 months, and 8 days active service on the enlistment under review and had a total of 6 years, 6 months, and 23 days of military service for pay.

2. Legal/Regulatory Basis for Separation Action : National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 provide the procedures and policies concerning enlisted personnel management and separations of the Army National Guard and Reserve of the Army personnel. Chapter 13, AR 135-178, provides the procedures for individuals being discharged for unsatisfactory performance.

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 000815, with two (2) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 000815.

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 28 March 2001 .

         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 Issues: (2) The narrative reason for discharge was improper.
(3) The characterization of service was to 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 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. Based on the available evidence of record, the applicant was separated from the Pennsylvania Army National Guard (PAARNG) and the Reserve of the Army under the provisions of Chapter 8, paragraph 8-26e(2), NGR 600-200 and AR 135-178 for unsatisfactory participation with an under other than honorable conditions discharge. However, NGR 600-200, paragraph 8-27f, sets forth the procedures for separating individuals for unsatisfactory participation. The Board determined, based on the reason cited, that the applicant should have properly been separated under the provisions of NGR 600-200, paragraph 8-27f, for unsatisfactory participation. In view of the above, the PAARNG is requested to change the applicant’s NGB Form 22A (Report of Separation and Record of Service) to reflect that the applicant was discharged under the provisions of paragraph 8-27f, by reason of unsatisfactory participation. The Board further recommends that his Reentry Eligibility (RE) Code be changed to RE-3.

         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.

(3) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The Board found that the length and quality of the applicant’s service mitigated his failure to participate in unit drills. The Board found no record of misconduct other than his failure to attend scheduled unit training assemblies. In view of the foregoing, the Board determined that the characterization of service was inequitable. However, the Board determined that the applicant’s misconduct diminished the quality of his service below that meriting a fully honorable discharge. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to general, under honorable conditions. In view of the above, the PAARNG is requested to change the applicant’s NGB Form 22A (Report of Separation and Record of Service) to reflect that the applicant was separated under the provisions of paragraph 8-27f, NGR 600-200, by reason of unsatisfactory participation, with a general discharge. Further, the Board directs that ORDERS 128-027, issued by the PAARNG, discharging the applicant from the PAARNG and the Reserve of the Army be voided and that the PAARNG change the applicant’s separation documents to reflect the above changes.

(1) See Paragraph 3, below.

3. Response(s) to item(s) not addressed as decisional issue(s):

Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered.

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

         ( )      Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( X )    Improper as to NG reason. Change reason to Unsatisfactory Participation under Paragraph 8-27f, NGR 600-200.

         ( )      Equitable.
         ( X )    Inequitable as to NG and USAR characterization. Change characterization to General, Under Honorable Conditions .
         ( )      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 5 0
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: 30 March 2001.
To: Adjutant General, State of Pennsylvania

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th 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 )   Characterization of NG and USAR discharge be changed to General, Under Honorable Conditions.
( X )   Reason and authority for discharge be changed to
        Unsatisfactory Participation, Paragraph 8-27f, NGR 600-200.
( X )   Other (see remarks below).

Remarks: This action includes a restoration of rank to private/E-2, a change in RE code from 4 to 3, and voiding of PAARNG ORDERS 128-027 which discharged the applicant from the Reserve of the Army.

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: 200050820 INDEX NUMBERS: A0114
Date of Review: 010328 A9406
Character of Service: UD A9218
Date of Discharge: 990707
Authority: NGR 600-200 C8
Reason: A6750
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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ARMY | DRB | CY2000 | 2000050820

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