PART II - APPLICATION DATA

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

1.  Character of Discharge:  Uncharacterized

2.  Date of discharge (or REFRAD):  940606

3.  Authority for separation:

	a.  Regulation:  NGR 600-200, PARA 8-26u

	b.  Reason:  Defective Enlistment Agreement

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          NONE                       
a.  Period entered for:  8 Years               
b.  Entry date:  930108                        
c.  Age:  17 Years   DOB:  750617                                          
d.  Educational level:  12 Years                                                
e.  Aptitude area score:
	    GT:  97                                3.  Highest grade achieved:
    f.  Length of Service:                         E1
          1 Year(s)  4 Month(s) 29 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
NONE

Other discharge(s):

	Service	From	To	Type Discharge






PART IV - PREHEARING REVIEW

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

	a.  The evidence of record shows that the on 8 January 1993, Orders 5-12, DOD, MEPS, Dallas, Texas, ordered the applicant to initial active duty for training (IADT) for 9 weeks to attend basic training under the alternate split training program with a reporting date of 15 June 1993.  The record contains no evidence indicating that he ever reported for IADT.  On 6 July 1994, Orders 127-116, State of Texas Adjutant General’s Department, Austin Texas discharged the applicant from the Army National Guard and as a Reserve of the Army, effective date 6 June 1994 with service uncharacterized.  The record also 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, Paragraph 8-26u, NGR 600-200, by reason of defective enlistment agreement with service uncharacterized.  The specific facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.

	b.  On 6 June 1994, the applicant was discharged.  At the time of discharge, the applicant had completed 1 year, 4 months, and 29 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 8-26u of that regulation provides in pertinent part for the separation of soldiers by reason of defective enlistment agreement (includes soldiers unable to attend IADT within the maximum time frames).


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 011212.
	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 20 February 2002

	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 available records for the period of enlistment under review.  The evidence of record shows that the applicant was ordered to initial active duty for training (IADT) for a period of 9 weeks to complete basic training under the alternate (split) training program.  The record contains no evidence that the applicant ever reported for IADT.  Although, the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army National Guard and as a Reserve of the Army; the applicant’s record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service).  That NGB Form 22 indicates that the applicant was discharged, in absentia, under the provisions of Chapter 8, Paragraph 8-26u, NGR 600-200, by reason of a defective enlistment agreement with service uncharacterized.  Paragraph 8-26u, provides in pertinent part for the separation of soldiers by reason of defective enlistment agreement which includes soldiers unable to attend IADT within the maximum time frames.  In view of the foregoing, and barring evidence to the contrary, the Board determined that the applicant was in an entry-level status (ELS) at the time of his discharge and consequently his service was uncharacterized.  A general discharge is not authorized under ELS conditions.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The Board determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  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	

                          	
MR. RIVERA                                 
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

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:  2002066542                    INDEX NUMBERS:  A9217
Date of Review:  020220                                   A0143
Character of Service:  EL                                 A0113
Date of Discharge:  940606                                
Authority:  NGR 600-200 C8                                
Reason:  A0600                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 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