Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001059409
Original file (2001059409.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): 890315

3. Authority for separation:

         a. Regulation: NGR 600-200

          b. Reason:

4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            ARCAM
a. Period entered for: NIF Years ASR
b. Entry date: 830316
c. Age: 18 Years DOB: 640623
d. Educational level: 9 Years
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E5
6 Year(s) 0 Month(s) 0 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      830627   830924   Honorable
         (concurrent service)



PART IV - PREHEARING REVIEW

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

         a. 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 from under the provisions of NGR 600-200, with a characterization of service of general, under honorable conditions. The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.

         b. On 15 March 1989, the applicant was discharged. At the time of discharge, the applicant had completed 6 years 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 010619, 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 12 September 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 ( ) 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 available record of service during the period of enlistment under review. In view of the length of the applicant’s service and the absence of derogatory information in the record, the Board determined that the characterization of service was inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
(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:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .

         ( )      Equitable.
         ( X )    Inequitable as to NG 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 4 1

         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: 14 September 2001
To: Adjutant General, State of New York

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

( X )    Characterization of discharge be changed 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: 2001059409 INDEX NUMBERS: A9218
Date of Review: 010912 A0100
Character of Service: GD
Date of Discharge: 890315
Authority: NGR 600-200
Reason: A8400
Results of Board Action/
Vote/Affirmation: HD 4-1 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 | CY2001 | 2001051861

    Original file (2001051861.rtf) Auto-classification: Denied

    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. From the evidence submitted by the applicant in support of her request, it...

  • 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 | 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 | CY2003 | AR2003095524

    Original file (AR2003095524.doc) Auto-classification: Approved

    However, the Board directs that the applicant’s discharge order from the Reserve of the Army, issued by the State of Arizona, be changed to reflect a characterization of service of honorable. Remarks: This action entails a change to the applicant’s discharge from the Reserve of the Army to reflect an Honorable characterization of service. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant...

  • ARMY | DRB | CY1998 | 1998014371

    Original file (1998014371.rtf) Auto-classification: Denied

    The Army Discharge Review Board is not empowered to return former service members to active duty. The Board may only change the characterization or reason for discharge. 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

  • ARMY | DRB | CY2003 | 2003086136

    Original file (2003086136.rtf) Auto-classification: Denied

    The Board noted that the applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). 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 Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for...

  • ARMY | DRB | CY2001 | 2001059060

    Original file (2001059060.rtf) Auto-classification: Denied

    The Board noted that the applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service). The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.3. 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 -...

  • ARMY | DRB | CY1999 | 99031467

    Original file (99031467.rtf) Auto-classification: Approved

    His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, Paragraph 8-27g, NGR 600-200 by reason of unsatisfactory participant with a characterization of service of general, under honorable conditions discharge. The Board carefully reviewed the applicant’s record of service during the period of enlistment under review. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.

  • ARMY | DRB | CY2000 | 2000050448

    Original file (2000050448.rtf) Auto-classification: Denied

    The Board noted that the applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service) which shows the applicant was separated under the provisions of NGR 600-200, paragraph 8-26f, with an uncharacterized discharge, by reason of failing to meet medical procurement standards. The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief. EXHIBITS: A - Application for...

  • ARMY | DRB | CY2002 | 2002077487

    Original file (2002077487.TXT) Auto-classification: Approved

    Paragraph 8-26q of that regulation provides in pertinent part that individuals can be separated for acts or patterns of misconduct. The Board determined that the reason for discharge was proper and equitable and voted not to change it. SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: JOHN F. LONG Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application for review of discharge C -...