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):  970310

3.  Authority for separation:

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

      b.  Reason:  Unsatisfactory Performance

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               AFRM
    b.  Entry date:  920528                        ASR
    c.  Age:  29 Years   DOB:  620724              AR-Comp Achvmt Mdl (2d
    Awd)
    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  78                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          4 Years  9 Months  13 Days

                                               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
      ARNGUS     810413      920210     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 9 March 1997, the unit commander
recommended separation of the applicant by reason of misconduct because he
was eliminated for cause from his 94B Military Occupational Specialty
course, reduced in grade due to poor attitude, and filed a fraudulent
incapacitation payroll document with his civilian employer indicating that
he had been injured during annual training with the California Army
National Guard (CAARNG)(Summer/1996).  On 15 May 1997, State of California,
Office of the Adjutant General, Sacramento, California, Orders 135-505
discharged the applicant from the Army National Guard and as a Reserve of
the Army under the provisions of Chapter 8-26d, NGR 600-200, with an under
other than honorable conditions discharge.  The record contains a properly
constituted NGB Form 22 (Report of Separation and Record of Service).  It
indicates that he was discharged under the provisions of Chapter 8-26d, NGR
600-200, by reason of unsatisfactory performance, with a characterization
of service of general, under honorable conditions.

      b.  On 10 March 1997, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 years, 9 months, and 13 days of
military service in the period under review and had 15 years, 7 months and
1 day of total military service.

      c.  The Board noted the discrepancy between the applicant’s NGB Form
22 indicating the applicant was discharged with a general, under honorable
conditions discharge; and, the applicant’s discharge order from the CAARNG
indicating he was discharged from the CAARNG and Reserve of the Army with
an under other than honorable conditions discharge.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 and Army Regulation (AR) 135-178 govern the
procedures for the administrative separation of enlisted personnel of the
Army National Guard and Army Reserve.  Chapter 8, paragraph 8-26d of NGR
600-200 provides, in pertinent part, that commanders will separate a member
under this chapter when, in the commander's judgment, the member will not
develop sufficiently to participate satisfactorily in further training or
become a satisfactory soldier, or that the soldier’s retention would have
an adverse impact on military discipline, good order, and morale.  Army
policy states that a general discharge, under honorable conditions is
normally considered appropriate, but an honorable discharge may be granted
in meritorious cases.


                      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 030323, with no enclosures.
      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:  Los Angeles, CA on 24 February
2004.

      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 inequitable.

      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 record of service during the period of enlistment under review.
 The Board noted that the applicant’s NGB Form 22 (Report of Separation and
Record of Service) reflects that he received a “general, under honorable
conditions” discharge.  However, State of California, Office of the
Adjutant General, Sacramento, California, ORDERS 135-505, dated 15 May
1997, discharging the applicant from the Army National Guard and Reserve of
the Army shows that his service was characterized as “under other than
honorable conditions.”  After a thorough review of the applicant’s
misconduct, the Board determined that the nature of his offenses were not
sufficiently serious as to warrant an under other than honorable conditions
discharge.  Given the above factors, the Board recommends that the Adjutant
General correct the applicant’s discharge order to reflect the
characterization as shown on the applicant’s NGB Form 22, i.e., “general,
under honorable conditions.”  If the CAARNG determines not to accept the
above recommendation, the Board directs that the Adjutant General change
the order to reflect that the applicant was discharged from the Reserve of
the Army with a characterization of service of “general, under honorable
conditions.”

        (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 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:  5 March 2004
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 discharge order, as follows:

           ( X ) Change characterization on discharge order to General,
                 Under Honorable Conditions.
           ( X ) Other (see remarks below).

Remarks:  the Board recommends that the Adjutant General correct the
applicant’s discharge order to reflect the characterization as shown on the
applicant’s NGB Form 22, i.e., “general, under honorable conditions.”  The
Board directs that the Adjutant General change the order to reflect that he
was discharged from the Reserve of the Army with a characterization of
service of “general, under honorable conditions.”

                          SECTION B - CERTIFICATION

Approval Authority:

SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:


MARY E. SHAW
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:  2003089980                    INDEX NUMBERS:  A9406
Date of Review:  040224                                   A9218
Character of Service:  GD                                 A0100
Date of Discharge:  970310
Authority:  NGR 600-200 C8
Reason:  A6750
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.      PO           X            X