PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Uncharacterized

2.  Date of discharge (or REFRAD):  910912

3.  Authority for separation:

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

      b.  Reason:  Failure to Meet Medical Procurement Standards

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:  8 Years
    b.  Entry date:  910514
    c.  Age:  18 Years   DOB:  721217
    d.  Educational level:  10 Years
    e.  Aptitude area score:
          GT:  125                               3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Years  3 Months  29 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





                         PART IV - PREHEARING REVIEW

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

      a.  The specific facts and circumstances leading to the applicant’s
discharge are not contained in the available records.  The record contains
a properly constituted NGB Form 22 (Departments of the Army and Air Force
National Guard Bureau Report of Separation and Record of Service).  His NGB
Form 22 indicates that he was discharged under the provisions of Chapter 8,
paragraph 8-26f, NGR 600-200, by reason of failure to meet medical
procurement standards, with a characterization of service of
uncharacterized, and a RE code of 3.  His NGB 22 also indicates that he was
on Initial Active Duty for Training during the period 9 August – 12
September 1991, the effective date of his discharge.  However, his record
does not contain any other information relating to his active duty service.

      b.  On 12 September 1991, the applicant was discharged.  At the time
of discharge, the applicant had completed 1 month, and 4 days of Initial
Active Duty for Training and had a total of 3 months, and 29 days of total
military service.

2.  Legal/Regulatory Basis for Separation Action:  National Guard
Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for
the administrative separation of enlisted personnel of the Army National
Guard and Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent
part, reasons for discharge and separation of enlisted personnel from the
State Army National Guard and as a Reserve of the Army.  Paragraph 8-26f of
that regulation provides in pertinent part that individuals can be
separated for failure to meet medical procurement standards.


                      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 030813, with one (1) 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:  Washington, DC on 28 April
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 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 is void of the
specific facts and circumstances concerning the events that led to a
discharge from the Army National Guard of the State of Texas, and the
Reserve of the Army.  The Board noted that the applicant’s record contains
a properly constituted NGB Form 22 (Report of Separation and Record of
Service).  This document identifies the reason and characterization of the
discharge and the Board presumed Government regularity in the discharge
process.  The evidence of record shows that the applicant, while in entry-
level status, was discharged under the provisions of Chapter 8, Paragraph 8-
26f, NGR 600-200, for failure to meet medical procurement standards with
service uncharacterized.  A soldier is in entry-level status for the first
180 days of continuous active military service.  Pertinent regulations
provide that except in cases of serious misconduct, a soldier’s service
will be uncharacterized when his separation is initiated while the soldier
is in entry-level status.  A fully honorable discharge may be granted only
in cases which are clearly warranted by unusual circumstances involving
outstanding personal conduct and/or performance of duty.  The Board
determined that no such unusual circumstances were present in the
applicant’s record and his service did not warrant an honorable discharge.
The Board noted the applicant’s contentions; however, did not find said
contentions sufficiently mitigating to overcome its presumption of
regularity in the applicant’s discharge.  Further, the Board found no
evidence of arbitrary or capricious action on the part of the applicant’s
chain of command.  The Board, being convinced that the reason for discharge
and the characterization of service were both proper and equitable, voted
to deny relief.

      b.  Equity:      The applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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

                          
MR. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
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:  2003094687                    INDEX NUMBERS:  A0143
Date of Review:  040428                                   A0113
Character of Service:  EL                                 A9411
Date of Discharge:  910912
Authority:  NGR 600-200 C8
Reason:  A2800
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