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):  971101

3.  Authority for separation:

      a.  Regulation:  Chapter 8-26g(4), NGR 600-200

      b.  Reason:  Fraudulent Enlistment

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           NONE
    a.  Period entered for:  3 Years
    b.  Entry date:  970822
    c.  Age:  33 Years   DOB:  631015


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E6
          0 Year(s)  2 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
      USAR  810828    820331 NA
      ADT        820401    830722       Honorable
      USAR       830823    860316       Honorable
      ARNGUS           860317    940710      Honorable
      ARNGUS     940711    960724 General
      USAR       970123    970821       NA



                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 27 August 1997, the applicant
enlisted in the California Army National Guard (CAARNG) and the Reserve of
the Army for a period of 3 years.  In October 1997, CCF suspended the
applicant’s security clearance on the suspicion that the applicant had
falsified information on his enlistment documents; specifically he had
failed to disclose his prior general, under honorable conditions discharge
from the Washington Army National Guard (WAARNG).  On 4 October 1997, State
of California, Office of the AG, 9800 Goethe Road, Sacramento, CA, Orders
279-531, discharged the applicant from the CAARNG and as a Reserve of the
Army, effective date l November 1997.  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 8-26g(4), NGR 600-200, by reason of fraudulent entry, with a
characterization of service of general, under honorable conditions.  There
are no other facts and circumstances pertaining to the applicant’s
discharge in the available records.

      b.  On 1 November 1997, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 months and 10 days of active
military service in the period under review and had a total of 16 years, 2
months and
9 days of total military service.

      c.  Additional evidence pertinent to this case:  On 14 November 1995,
the applicant requested immediate release from the WAARNG based on civilian
employment conflicts.  Prior to this request, an AR 15-6 investigation
regarding the applicant’s attendance at a military school had been
initiated.  On 24 July 1994, the separation authority approved the
applicant’s request for separation, and directed that the applicant be
separated by reason of resignation, in lieu of proceedings for withdrawal
of Federal Recognition, with a general, under honorable conditions
discharge.  On 24 July 1996, the applicant was discharged from the WAARNG
and the Reserve of the Army by reason of resignation, in lieu of
elimination, with a characterization of service of general, under honorable
conditions.  On 23 January 1997 at the Seattle MEPS, he was allowed to
reenlist in the Army Reserve for a period of 4 years as a staff sergeant.
It appears that when he then enlisted in the CAARNG he notified authorities
that he was a current member of the USAR Control Group (Annual Training)
having recently enlisted in the State of Washington.  Subsequent to his
separation from the CAARNG, the CA State AG, revoked his discharge order
and reissued a new order on 25 April 2000, discharging him from the CAARNG
and reassigning him to the USAR Control Group (Annual Training), in
conformance with his status prior to his enlistment in the CAARNG.  The new
discharge order did not change his characterization of service or reason
for discharge (general, under honorable conditions by reason of fraudulent
enlistment).

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation 600-200 sets forth the basic authority for the separation of
enlisted personnel.  Chapter 8-26g(4), establishes policy and prescribes
procedures for separating members for fraudulent entry.  Fraudulent entry
is the procurement of an enlistment, reenlistment, or period of service
through any deliberate material misrepresentation, omission, or concealment
of information, which, if known and considered by the Army at the time of
enlistment or reenlistment might have resulted in rejection.  This includes
all disqualifying information requiring a waiver.  The service of a member
separated under this provision of will be characterized as honorable,
general or under other than honorable conditions as warranted by his or her
military record.




                      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 030721, with three (3) 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:
         ( X ) Records review             (   ) Hearing

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

      c. Review/hearing location and date:  Washington, D.C. on 21 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     ( 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 Board carefully examined the
applicant’s record of service during the enlistment period under review.
The evidence of record shows that the applicant was discharged from the
California Army National Guard (CAARNG) by reason of fraudulent enlistment
with a general, under honorable conditions discharge.  He was reassigned to
the USAR Control Group (Annual Training).  His discharge was predicated on
his failure to disclose his previous discharge from the Washington Army
National Guard with a general, under honorable conditions discharge.  The
applicant has not provided any compelling evidence to refute the nature of
his discharge from the CAARNG and the Board is compelled to presume
administrative regularity in the discharge.  The applicant has also failed
to provide evidence in support of his contention that the CAARNG intended
to give him an honorable discharge and correct his reason for discharge as
well as his RE code.  The CAARNG corrected his original discharge order
reinstating his status in the USAR Control Group (Annual Training);
however, there is no evidence that the CAARNG intended to grant the
applicant an honorable discharge or change his reason for discharge.  The
Board, being convinced that the reason of 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):

    On 30 September 2003, the applicant submitted additional evidence
indicating that he is currently being processed for administrative
separation from the Army Reserve under AR 135-178, Chapter 7, for erroneous
enlistment.  He is requesting retirement credit, promotion to SFC, and
review of the current discharge.  This Board is not empowered to review
ongoing discharge proceedings, and the applicant must resubmit his request
on a DD Form 293 after he is discharged.  To pursue his request for
entitlement to retirement credit and promotion to SFC, the applicant must
submit a properly completed DD Form 149 application to the Army Board for
Correction of Military Records.  An application to the ABCMR is enclosed
for the applicant’s use.
                           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:  2003093938                    INDEX NUMBERS:  A0101
Date of Review:  040121                                   A0113
Character of Service:  GD                                 A9405
Date of Discharge:  971101                                A9217
Authority:  NGR 600-200 C8
Reason:  A6200
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