PART II - APPLICATION DATA

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

1.  Character of Discharge:  Under Other Than Honorable Conditions

2.  Date of discharge (or REFRAD):  960223

3.  Authority for separation:

	a.  Regulation:  Chapter 8-26q, NGR 600-200

	b.  Reason:  Misconduct-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:
			                          AAM                       
a.  Period entered for: NIF                    NDSM (2)
b.  Entry date: 891201                         VSM       
c.  Age: 37 Years   DOB: 511213                VCMw/V Dev                                  
d.  Educational level:  HS Grad                CIB                                  
e.  Aptitude area score:                       ASR
	    GT: 109                                3.  Highest grade achieved:
    f.  Length of Service:                         E4
         6 Year(s)  2 Month(s)  23 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
	RA	691031	711029	Honorable
	USAR	711030	731116	Honorable
	ARNGUS	731117	751001	Honorable
	ARNGUS	850926	870515	General
	USARCG	870516	890403	Honorable





PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 6 February 1996, Commonwealth of Pennsylvania, Department of Military Affairs; The Adjutant General, Annville, Pennsylvania, Orders 025-153 discharged the applicant from the Army National Guard and as a Reserve of The Army, effective 23 February 1996.  The record contains a properly constituted NGB Form 22 (Department of The Army and Air Force National Guard Bureau Report of Separation and Record of Service) in the Pennsylvania/AARNGUS and as a reserve of The Army, which was authenticated by the applicant’s signature.  His NGB Form 22 indicates that he was discharged under the provisions of Chapter 8, paragraph 26g, NGR 600-200 by reason of misconduct-unsatisfactory participant, with a characterization of service of under other than honorable conditions (UOHC).  Furthermore, the NGB Form 22 shows a RE Code of 4.  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.

	b.  On 23 February 1996, the applicant was discharged.  At the time of discharge, the applicant had completed 6 years, 2 months, and 23 days of active military service in the period under review and had a total of 13 years, and 10 months of active military service.

2.  Legal/Regulatory Basis for Separation Action:  National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 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 National Guard and as a reserve of the Army.  Paragraph 8-26(g) of that regulation states that individuals can be separated for expiration of term of service enlistment, reenlistment, or period of statutorily obligated service, the soldier will be discharged by the separation authority (paragraph 1-25).  The regulation also permitted the characterization of service as honorable, unless an uncharacterized description of service is required by paragraph 1-20a, is required or the soldier has been transferred to the IRR to fulfill a service obligation and given a service characterization of less than honorable upon transfer.


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 020719, with ten (10) 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:
	   (   ) Records review             ( X ) Hearing

	b. Type Held:
	   (   )Records review              ( X ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington, DC on 6 January 2003.  

	d. Appearance by:
	   Applicant                 ( X ) Yes   (   ) No
	   Counsel                   ( X ) Yes   (   ) No

	e.  Applicant testified:     ( X ) Yes   (   ) No
	
	f.  Counsel presentation:    ( X ) Yes   (   ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  9 documents.

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 infractions of discipline, the extent thereof, and the seriousness of the offenses.  The Board found that the length and quality of the applicant’s service partially 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 general, under honorable conditions.  The Board determined that the applicant’s misconduct diminished the quality of his service below that meriting a fully honorable discharge.  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 and USAR characterization.  Change characterization to General, Under Honorable Conditions.
	(   )	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:  10 January 2003.
To:   Adjutant General, State of Pennsylvania

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

           ( X )	Characterization of NG and USAR discharge be changed to General, Under Honorable Conditions.
           ( X )	Other (see remarks below).

Remarks:  This action includes a restoration of grade to private/E-2;
          voiding of PAARNG 025-153 which discharged the applicant from
          the NG and Reserve of the Army with a UD; and issuing a new 
          order discharging the applicant with a GD.

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 - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2002079168                    INDEX NUMBERS:  A9406
Date of Review:  030106                                   A9218
Character of Service:  UD                                 A0113
Date of Discharge:  960223                                
Authority:  NGR 600-200 C8                         
Reason:  A8400                                            
Results of Board Action/                                  
Vote/Affirmation:  GD 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. 	Mbr          X            X