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ARMY | DRB | CY2001 | 2001059526
Original file (2001059526.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): 940912

3. Authority for separation:

         a. Regulation: Chapter 8-27g, 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:
                            NDSM
a. Period entered for: 6 Years 40 Weeks
b. Entry date: 880303
c. Age: 21 Years DOB: 671219
d. Educational level: HS Grad
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E4
6 Year(s) 6 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: 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
         USAFR    860000   880302   Honorable
         ADT      920501   920509   NA
          (concurrent service)


PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 22 December 1995, State of California, Office of the Adjutant General, 9800 Goethe Road, P.O. Box 269101, Sacramento, California, Orders 279-502 discharged the applicant from the Army National Guard effective 12 September 1994. 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 8-27g, NGR 600-200 by reason of unsatisfactory participant, 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 12 September 1994, the applicant was discharged. At the time of discharge, the applicant had completed 6 years, 6 months, and 10 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 010626, with six (6) 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 3 October 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 the infraction of discipline, the extent thereof, and the seriousness of the offense. Based on the available evidence of record, the applicant was separated from the California Army National Guard (CAARNG) and transferred to the USAR Control Group (Annual Training) under the provisions of Chapter 8, paragraph 8-27g, NGR 600-200 for unsatisfactory participation with a general, under honorable conditions discharge. The Board found that the length and quality of the applicant’s service mitigated his misconduct. In view of the foregoing, the Board determined that the characterization of service was inequitable. Accordingly, the Board voted to grant partial 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) The issue is rejected. See response to issue (2), above.

 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 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 2 3
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: 5 October 2001
To: Adjutant General, State of California

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 California, with issuance of a new NGB Form 22, as follows:
( X )   Characterization of NG 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: 20001059526 INDEX NUMBERS: A9406
Date of Review: 011003 A9218
Character of Service: GD A0113
Date of Discharge: 940912
Authority: NGR 600-200 C8
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           






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