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):  890612

3.  Authority for separation:

	a.  Regulation:  Chapter 8, NGR 600-200

	b.  Reason:  Unsatisfactory Participation

4.  Prior review(s):  NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          ASR                       
a.  Period entered for:  8  Years               
b.  Entry date:  870224                         
c.  Age:  17  Years   DOB:  691219                                       
d.  Educational level:  HS Grad                                          
e.  Aptitude area score:
	    GT:  95                                3.  Highest grade achieved:
    f.  Length of Service:                         E3
          2  Year(s)  3  Month(s)  19  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	870616	871020	Uncharacterized
	(Concurrent service)





PART IV - PREHEARING REVIEW

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

	a.  The specific facts and circumstances leading to the applicant’s discharge from the Arizona Army National Guard and transfer to the USAR Control Group are not a matter of record.  However, the applicant’s record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  Her NGB Form 22 indicates that she was discharged on 12 June 1989 from ARNGUS under the provisions of Chapter 8, NGR 600-200, by reason of unsatisfactory participation, with a characterization of service of honorable and transferred to the USAR Control Group (Annual Training).  

	b.  On 12 June 1989, the applicant was discharged.  At the time of discharge, the applicant had completed 2 years, 3 months, and 19 days of active military service in the period under review.  

	c.  The applicant’s record also contains State of Arizona, Department of Emergency and Military Affairs, Division of Military Affairs (Army), Office of the Adjutant General, Phoenix, Arizona, Orders 158-22, discharging the applicant from the Army National Guard under the provisions Chapter 8, NGR 600-200, and assigned her to USAR Control Group (Annual Training) ARPERCEN, St Louis, MO, effective 12 June 1989 with a characterization of service of general, under honorable conditions. 

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 020116, with four (4) 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 13 March 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 specific facts and circumstances pertaining to the applicant’s discharge are not a matter of record.  The Board noted the applicant’s contentions; however, said contentions are not supported by the evidence of record and the applicant has provided no independent corroborating evidence in support of her contentions.  The applicant’s 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.  Notwithstanding discrepancies in the aforementioned documents, it is the policy of the Board not to downgrade a discharge under review.  Accordingly, the Board determined from the evidence available that the applicant was properly discharged under the provisions of Chapter 8, NGR 600-200, by reason of unsatisfactory participation with an Honorable characterization of service.  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:  2002067598                    INDEX NUMBERS:  A9411
Date of Review:  020313                                   A9217
Character of Service:  HD                                 A0113
Date of Discharge:  890612                                
Authority:  NGR 600-200 C8                                
Reason:  A8400                                            
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