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):  870724

3.  Authority for separation:

      a.  Regulation:  Chapter 8-27g, 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:  6 Yrs.   (6 Yr. Ext   ARCAM
    b.  Entry date:  780410            840204)
    c.  Age:  21 Years   DOB:  560818


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  81                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          9 Year(s)  3 Month(s)  15 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:

      Date  Offense(s)
      850519     Absent from unit from 1900-2130 hours; reported
             intoxicated
                 to unit; DOLO 1SG and 2LT; disrespect to 1SG and 2LT on
                 (850517);

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





                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 24 July 1987, State of Maryland,
Military Department, Fifth Regiment Armory, Baltimore, MD, Orders 158-4
discharged the applicant from the Maryland Army National Guard and assigned
him to the USAR Control Group, effective 24 July 1987.  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 24 July 1987, the applicant was discharged.  At the time of
discharge, the applicant had completed 9 years, 3 months, and 15 days of
active military service in the period under review.

      c.  On 9 April 1990, the applicant was discharged from the Reserve of
the Army with service characterized as honorable.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures
covering enlisted personnel of the Army National Guard.  Chapter 8-27g of
NGR 600-200 covers, in pertinent part, discharge and separation of enlisted
personnel for misconduct due to unsatisfactory participation.  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 030710.
      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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (1)  The characterization of service was too harsh.

      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 l, above:

        (1)  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 noted that the applicant served for
over nine years in the Maryland Army National Guard with only one Article
15 in the official record.  It appears he was discharged and transferred to
the USAR Control Group by reason of unsatisfactory participation for
missing required monthly drills.  He was thereafter honorably discharged
from the Reserve of the Army in April 1990.  Although the Board does not
condone the applicant’s unsatisfactory participation in his unit’s drills,
the Board determined that he had service of sufficient merit to overcome
the discrediting entries in his service record.  Accordingly, the Board
recommends that The Adjutant General of Maryland grant relief in the form
of an upgrade of characterization of service to fully honorable.  The Board
determined that the reason for discharge was both proper and equitable and
recommended not to change it.

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 characterization.  Change characterization
           to Honorable.
      (   ) 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:  12 March 2004
To:   Adjutant General, State of Maryland

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

           ( X ) Change characterization of discharge to Honorable.

                          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:  2003093354                    INDEX NUMBERS:  A9406
Date of Review:  040310                                   A9218
Character of Service:  GD                                 A0100
Date of Discharge:  870724
Authority:  NGR 600-200 C8
Reason:  A8400
Results of Board Action/
Vote/Affirmation:  HD 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