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ARMY | DRB | CY2001 | 2001051861
Original file (2001051861.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): 960731

3. Authority for separation:

         a. Regulation: Chapter 8, 27f, NGR 600-200

          b. Reason: Not Within Reasonable Commuting Distance
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            GCMDL
a. Period entered for: NIF NDSM
b. Entry date: 960110 AFTRNR
c. Age: 23 Years DOB: 720301 AFOUA
d. Educational level: HS Grad SAEMR(1)
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E4
0 Year(s) 6 Month(s) 21 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
         DEP      920219   920405   NA



PART IV - PREHEARING REVIEW

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

          a. The evidence of record shows that on 19 July 199, the State of North Carolina, Department of Crime Control and Public Safety, Office of the Adjutant General, State of North Carolina, Orders 164-213 discharged the applicant from the Army National Guard, effective 31 July 1996. She was assigned to the USAR Control Group (Reinforcement) Army Reserve Personnel Center, St. Louis, MO. The applicant was not available to sign her NGB Form 22 (Report of Separation and Record of Service). Her NGB Form 22 indicates that she was discharged under the provisions of NGR 600-200 Chapter 8, 27g & Chapter 4 AR 135-91 for unsatisfactory participation with a characterization of service of general, under honorable conditions. On 5 August 1996, the State of North Carolina, Dept. of Crime Control and Public Safety, Office of the Adjutant General, State of North Carolina, Orders 178-6; revoked Orders 164-213; dated 19 July 1996 and directed that a new NGB Form 55a (Report of Separation and Record of Service) be issued under the provisions of Chapter 8-27f, NGR 600-200, Narrative reason (Not Within Reasonable Commuting Distance), RE-Code 1 with a characterization of service of honorable.

         b. On 31 July 1996, the applicant was discharged. She was credited with
6 months, and 21 days, active service on the enlistment under review.

         c. NGB Form 22A (Correction to NGB Form 22), dated 2 October 1996, effectively corrected the applicant’s official records to show that she received an honorable discharge under the provisions of Para 8-27f, NGR 600-200, with a narrative reason of discharge “not within reasonable commuting distance”. In Orders 178-8, the Adjutant General, State of North Carolina, revoked the applicant’s previous orders for a general discharge with issuance of NGB Form 56A (General Discharge Certificate) and issued the applicant a NGB Form 55A (Honorable Discharge Certificate).

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.


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 991113, with five (5) 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 7 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:
         ( )     Additional issue(s) identified during review/hearing as follows:
         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.

(1) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review. From the evidence submitted by the applicant in support of her request, it appears that the error in her record was corrected by official orders revoking the prior characterization of service and the NGB Form 56A (General Discharge Certificate) issued. The NGB Form 22A, dated 22 October 1996, indicates that block 24 of the original NGB Form 22 is corrected to read honorable. As such, there is no action currently before the Army Discharge Review Board. If the applicant has specific administrative questions regarding her official record, she should contact the North Carolina Office of the Adjutant General directly. 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): 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       

                                 
Ms. McKim-Spilker
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: 2001051861 INDEX NUMBERS: A9445
Date of Review: 010307 A0100
Character of Service: HD
Date of Discharge: 960731
Authority: NGR 600-200 C8
Reason: A0400
Results of Board Action/
Vote/Affirmation: NC 5-0 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. COL MOORE, SPURGEON, A       Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    






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