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ARMY | DRB | CY2003 | AR2003091772
Original file (AR2003091772.doc) Auto-classification: Denied


                         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):  890207

3.  Authority for separation:

      a.  Regulation:  Chapter 11, AR 135-178

      b.  Reason:  Expiration of Service Obligation

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:  6 Years
    b.  Entry date:  820427
    c.  Age:  19 Years   DOB:  620827


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  92                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          6 Year(s)  9 Month(s)  10 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
      USARNGUS   810518    810726 NA
      ADT        810727    811218       Honorable
      USARNGUS   811219    820426       Honorable
               (Concurrent service)


                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 27 April 1982, the applicant
enlisted in the Army Reserve for a period of 6 years.  On 29 October 1984,
the applicant was reassigned to the USAR Control Group (Annual Training)
under the provisions of Chapter 2, AR 140-10, by reason of an employment
conflict.  On 8 February 1989, DA, US Army Reserve Personnel Center, St.
Louis, MO, discharged the applicant effective 7 February 1989, under the
provisions of Chapter 11, AR 135-178, by reason of expiration of service
obligation with service characterized as honorable.

      b.  On 7 February 1989, the applicant was discharged.  At the time of
discharge, the applicant had completed 6 years, 9 months, and 10 days of
active military service in the period under review and had completed 7
years, 8 months, and 19 days total military service.

      c.  The Board noted that the applicant appears to have served beyond
the original 6-year contractual obligation; however, the official record
does not contain an explanation of the reasons for this.  The Board also
noted that the applicant served previously in the Missouri Army National
Guard and received an honorable discharge upon his enlistment in the Army
Reserve.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-178,
in effect at the time, set forth the basic authority for separation of
enlisted personnel.  Chapter 11 of that regulation provided, in pertinent
part, for the separation of individuals at completion of terms of
enlistment or period of statutorily obligated service.  Service of
individuals separated under this chapter was characterized as honorable,
unless in an uncharacterized description of service was required, or an
individual was transferred to the Ready Reserve to fulfill a service
obligation and given a service characterization of less than honorable upon
transfer.

A

                      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 030523.
      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 7 January
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     (   ) 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
applicant’s record of service during the period of enlistment under review.
 The record shows that the applicant was transferred to the USAR Control
Group (Annual Training) on 29 October 1984 and completed his statutorily
obligated service on 7 February 1989.  His service was characterized as
honorable.  The Board also noted that the applicant served successfully in
the Missouri Army National Guard (MOARNG) prior to his enlistment in the
Army Reserve.  His service in the MOARNG was also characterized as
honorable.  Although the Board noted the applicant’s request to change his
general discharge to a medical discharge, there does not appear to be a
“general discharge” in the applicant’s official record.  In addition, there
are no service medical records in the applicant’s official record available
for the Board’s review.  Further, this Board is not empowered to grant a
medical discharge, and this issue must be addressed to the Army Board for
Correction of Military Records (ABCMR).  An application to the ABCMR is
included for the applicant’s use.

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

                          
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:  2003091772                    INDEX NUMBERS:  A9321
Date of Review:  040107                                   A9445
Character of Service:  HD                                 A0100
Date of Discharge:  890207
Authority:  AR 135-178 C11
Reason:  A0300
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       






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