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):  920617

3.  Authority for separation:

      a.  Regulation:  Chapter 8-27(g), 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:
                                           AAM
    a.  Period entered for:  8 Years               NDSM
    b.  Entry date:  890629                        ASR
    c.  Age:  18 Years   DOB:  701010              CACM


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  120                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          2 Year(s)  11 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
      USAR  880715    881231 NA




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 1 May 1992, the applicant was
recommended for involuntary separation under the provisions of Chapter 8,
Paragraph 8-27(g), by reason of unsatisfactory participation after accruing
nine or more unexcused absences and refusing to drill.  On 13 April 1992,
the applicant was reduced in grade to private/E2 for being AWOL.  On 13
June 1992, State of California, Office of the Adjutant General, 2829 Watt
Avenue, Sacramento, CA, Order 035-72 discharged the applicant from the
California Army National Guard and assigned him to the USAR Control Group,
effective 17 June 1992.  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, as an unsatisfactory participant, with a characterization of
service of general, under honorable conditions.  The specific facts and
circumstances pertaining to the applicant’s discharge are not contained in
the available records.

      b.  On 17 June 1992, the applicant was discharged from the California
Army National Guard and assigned to the USAR.  At the time of discharge,
the applicant had completed 2 years, 11 months, and 19 days of active
military service in the period under review.

      c.  On 1 July 1997, the applicant was honorably discharged from the
Reserve of the Army upon completion of his statutory service obligation.

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 030531.
      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, D.C. on 10 March
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:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      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.

        (1)  The issue is rejected.  The applicant’s record does not
contain all the facts and circumstances concerning events that led to a
discharge from the Army National Guard.  However, the record does contain a
recommendation for separation from the applicant’s command which indicates
that the applicant refused to drill after being notified of his unexcused
absences.  The applicant did not respond to this notification and was
subsequently reduced in grade for being AWOL.  The Board found no evidence
of arbitrary or capricious actions by the command.  The Board was satisfied
that all requirements of law and regulation were met and the rights of the
applicant were fully protected throughout the separation process.  The
applicant’s request regarding restoration of grade is not within the
purview of this Board.  If the applicant desires to pursue this matter he
should address it with the Army Board for Correction of Military Records
using the provided application.  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       1         4

        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

                                    NONE

                          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:  2003091442                    INDEX NUMBERS:  A9217
Date of Review:  040310                                   A9235
Character of Service:  GD                                 A0113
Date of Discharge:  920617
Authority:  NGR 600-200 C8
Reason:  A8400
Results of Board Action/
Vote/Affirmation:  NC 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