Upgrade.Vet

ARMY | DRB | CY2001 | 2001058314

Original file (2001058314.rtf) Auto-classification: Approved

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): 900201

3. Authority for separation:

         a. Regulation: Chapter 8, NGR 600-200

         b. Reason: 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:
                           ARCOM
a. Period entered for: 6 Years (6 year ext.)ASR
b. Entry date: 800804 (860702) L/C
c. Age: 21 Years DOB: 581101
d. Educational level: HS Grad
e. Aptitude area score:
         GT: NIF 3. Highest grade achieved:
f. Length of Service: E4
9 Year(s) 5 Month(s) 28 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
         ADT      810217   810617   Honorable
         ADT      820507   821015   Honorable
                  (Concurrent service)

PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 8, NGR 600-200, by reason of unsatisfactory participation. He was advised of his rights. On 5 December 1989, the unit commander subsequently recommended separation from the service with a general, under honorable conditions. On 5 January 1990, the BG, TNARNG, Assistant Adjutant General, Army directed that enlisted personnel in the rank of PVT and PFC, who are determined to be unsatisfactory participants based on MUTA’s scheduled through November 1989, be separated from the TNARNG effective 1 February 1990 and transferred to the IRR, IAW para 6-3 or 6-4, AR 135-91. The 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 Chapter 8, NGR 600-200 by reason of unsatisfactory participation, with a characterization of service of general, under honorable conditions.

         b. On 1 February 1990, the applicant was discharged. At the time of discharge, the applicant had completed 9 years, 5 months, and 28 days of active military 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 010523, with three (3) 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 22 August 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 Issue: (2) The characterization of service was too harsh.

         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.

(2) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence of record shows that the applicant was separated from the Tennessee Army National Guard (TNARNG) after more than 9 years of service under the provisions of Chapter 8-27g, NGR 600-200, by reason of unsatisfactory participation with a general, under honorable conditions discharge. In August 1992, he was honorably discharged from the Reserve of the Army. Because of the applicant’s length of service, his generally acceptable personal conduct and performance of duty, and the completion of his entire service obligation with an honorable discharge, the Board found that the characterization of service received from the TNARNG is now inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to fully honorable.

(1) The issue is rejected. The Board could not find sufficient evidence to support the applicant’s contention that he notified his command of his desire to be transferred to the IRR prior to completion of his contractual agreement with the TNARNG. Therefore, the Board determined that the reason for discharge was proper and equitable and voted not to change it. In conjunction with a separation for unsatisfactory participation, the applicant was properly assigned an RE Code of 3. An RE Code 3 indicates that the applicant requires a waiver prior to being allowed to reenlist.

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 Honorable.
         ( )      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 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: 24 August 2001.
To: Adjutant General, State of Tennessee

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 Tennessee, with issuance of a new NGB Form 22, as follows:

( X )   Change characterization of discharge to Honorable.

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: 2001058314 INDEX NUMBERS: A9406
Date of Review: 010822 A9208
Character of Service: GD A0113
Date of Discharge: 900201
Authority: NGR 600-200, C8
Reason: A8400
Results of Board Action/
Vote/Affirmation: HD 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

Similar Decisions

ARMY | DRB | CY1999 | 99032309

Original file (99032309.rtf) Auto-classification: Approved

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 Board carefully reviewed the applicant’s record of service during the period of enlistment under review. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2000 | 2000050820

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

A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 000815. 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. 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...
ARMY | DRB | CY1999 | 1999027476

Original file (1999027476.rtf) Auto-classification: Denied

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted...
ARMY | DRB | CY2000 | 2000041253

Original file (2000041253.rtf) Auto-classification: Denied

His NGB Form 22 indicates that he was discharged under the provisions of Chapter 7, Paragraph 7-10r, NGR 600-200 by reason of unsatisfactory participation with a characterization of service of general. The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2000 | 2000049587

Original file (2000049587.rtf) Auto-classification: Denied

The evidence of record shows that on 3 May 1993, the unit commander requested that the applicant be discharged from the Virginia Army National Guard effecting the applicant’s discharge under the provisions of Chapter 8, NGR 600-200 by reason of unsatisfactory participation. On 21 May 1993, the applicant was discharged. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2003 | AR2003096535

Original file (AR2003096535.doc) Auto-classification: Approved

It indicates that he was discharged under the provisions of Paragraph 8-26k, Chapter 8, NGR 600-200, by reason of unsatisfactory participant, with a characterization of service of general, under honorable conditions. 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. However, the Board directs that the applicant’s discharge order from the Reserve of the Army be changed...
ARMY | DRB | CY2003 | AR2003098586

Original file (AR2003098586.doc) Auto-classification: Denied

The evidence of record shows the applicant was discharged under the provisions of Chapter 8, Paragraph 8- 27g, NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions and a reentry eligibility (RE) code of “3.” In the absence of information to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. ...
ARMY | DRB | CY2002 | 2002067598

Original file (2002067598.TXT) Auto-classification: Denied

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. The applicants record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) reflecting an honorable discharge and an order discharging the applicant from the Arizona Army National Guard with a general discharge and assigning her to the USAR Control Group. Accordingly, the Board determined from the evidence...
ARMY | DRB | CY2003 | 2003087591

Original file (2003087591.rtf) Auto-classification: Denied

His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8-27g, NGR 600-200, by reason of unsatisfactory participation with a characterization of service of general, under honorable conditions. On 1 May 1990, the applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION...
ARMY | DRB | CY2004 | AR2004100309

Original file (AR2004100309.doc) Auto-classification: Denied

Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 950608 990707 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR....

Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001058314

Similar Decisions